Complaint #201907039,
July 28, 2019

Officer: Ortiz, Anderson
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Anderson
Complainant: Hispanic Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Male
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 18-20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Anderson
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Male
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Ayala, Joel
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Ayala, Joel
Complainant: Male
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 18-20
Allegation: Force: Chokehold
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Ayala, Joel
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Ayala, Joel
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Kenny, Kevin
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Ayala, Joel
Complainant: Male, 15-17
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 15-17
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 18-20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Allegation: Untruthful Statement: Misleading official statement
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer Complainant Allegation CCRB Board Conclusion
Ortiz, Anderson Hispanic Male, 18-20 Force: Physical force Unsubstantiated
Ortiz, Anderson Hispanic Male, 18-20 Discourtesy: Word Unsubstantiated
Rivera, Edmundo Male Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Rivera, Edmundo Male Discourtesy: Word Exonerated
Rivera, Edmundo Hispanic Male, 18-20 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Rivera, Edmundo Hispanic Male, 18-20 Discourtesy: Word Exonerated
Rivera, Edmundo Hispanic Male, 18-20 Force: Physical force Unsubstantiated
Ortiz, Anderson Hispanic Male, 18-20 Force: Physical force Unsubstantiated
Rivera, Edmundo Male Force: Gun Pointed Unfounded
Ayala, Joel Male Discourtesy: Word Exonerated
Ayala, Joel Male Force: Physical force Exonerated
Unknown Officer Hispanic Male, 18-20 Discourtesy: Word Officer(s) Unidentified
Rivera, Edmundo Hispanic Male, 18-20 Force: Chokehold Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Ayala, Joel Male Discourtesy: Word Exonerated
Rivera, Edmundo Hispanic Male, 18-20 Force: Physical force Exonerated
Ayala, Joel Hispanic Male, 18-20 Force: Physical force Exonerated
Kenny, Kevin Hispanic Male, 18-20 Force: Physical force Exonerated
Ayala, Joel Male, 15-17 Abuse of Authority: Interference with recording Exonerated
Unknown Officer Male, 15-17 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Unknown Officer Male, 15-17 Discourtesy: Word Officer(s) Unidentified
Rivera, Edmundo Hispanic Male, 18-20 Discourtesy: Word Exonerated
Rivera, Edmundo Hispanic Male, 18-20 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Rivera, Edmundo Untruthful Statement: Misleading official statement Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Abuse of Authority: Other on August 5, 2023

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

On July 28, 2019, at 8:00p.m., [redacted] who were friends, and a group of additional unidentified individuals were outside of [redacted] in the Bronx after the Dominican Day Parade. Police Officer Edmundo Rivera, Police Officer Joel Ayala, and Lieutenant Kevin Kenny, all of Patrol Borough Bronx Anti-Crime, were patrolling the confines of the 46th Precinct when they observed [redacted] and the unidentified individuals. When PO Rivera approached [redacted] he observed a firearm on his person. PO Rivera said to [redacted] "I'll fuck you up. I'll fucking shoot you. You will get shot" while arresting [redacted] (Allegation A: Abuse of Authority, [redacted] and Allegation B: Discourtesy, [redacted] PO Rivera instructed the unidentified individuals who were observing [redacted] s arrest to "back the fuck up" (Allegation C: Discourtesy, [redacted] PO Rivera also told the unidentified individuals, "Back up. You will get shot. Do not come near us" and allegedly pointed a firearm at the unidentified individuals (Allegation D: Abuse of Authority, [redacted] and Allegation E: Force, [redacted] PO Rivera allegedly punched and elbowed [redacted] in the face (Allegation F: Force, [redacted] PO Rivera, PO Ayala, and Lieutenant Kenny used a forcible takedown against [redacted] (Allegations G - I: Force, [redacted] When the unidentified individuals asked the officers why [redacted] was being arrested, PO Ayala responded, "Because he had a fucking gun" and told an unidentified individual to "move the fuck back" (Allegations J and K: Discourtesy, [redacted] As the officers walked [redacted] to their vehicle, PO Ayala pushed at least two unidentified individuals on their chests, causing them to move back (Allegation L: Force, [redacted]
Inside the officers' police vehicle, which was in the vicinity of [redacted] in the Bronx, PO Rivera used a chokehold against [redacted] who was handcuffed (Allegation M: Force, [redacted] PO Rivera told [redacted] "Stop fucking moving" (Allegation N: Discourtesy, [redacted] and, "Stop moving or I'm... Read report for details.


Details

Incident: July 28, 2019
Received: August 9, 2019
Closed: September 13, 2021

Reason for contact: Report-gun possession/shots fired
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Keith Figueroa
Body-Worn Camera evidence collected
Video evidence collected