Complaint #201907494,
August 22, 2019

Officer: Aracena, Jose
Complainant: White Male, 42
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Aracena, Jose
Complainant: White Male, 42
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Aracena, Jose
Complainant: White Male, 42
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Aracena, Jose White Male, 42 Force: Physical force Unsubstantiated
Aracena, Jose White Male, 42 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Aracena, Jose White Male, 42 Abuse of Authority: Threat of arrest Exonerated

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.
'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 August 22, 2019, at approximately 3:15 p.m., [redacted] attempted to deposit money via the drive through at the TD Bank located at [redacted] in Brooklyn. He was informed over the intercom that he had to deposit his money inside, then entered the building with his money in the tube provided by the bank. He requested to speak with a manager, [redacted] who asked [redacted] to return the tube, as it was bank property, or risk being arrested. At this time, Police Officer Jose Aracena of the 7th Precinct, who was working paid detail at the bank, approached and told [redacted] that he would be arrested if he did not take his money out of the tube and return it (Allegation A—Abuse of Authority—Threat of arrest—[redacted]). [redacted] did so, and began arguing with Police Officer Aracena, who told him to leave the bank, then grabbed him by the upper arms and pushed him three times towards the bank door (Allegation B—Force—Physical force—[redacted]). Once outside, Police Officer Aracena allegedly told [redacted] he would spray him in the face with Mace (Allegation C—Abuse of Authority—Threat of force—[redacted]). [redacted] called 911 to report Police Officer Aracena, and a number of officers responded to the bank. Read report for details.


Details

Incident: August 22, 2019
Closed: December 11, 2019

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD 69th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Gwendolyn Bishop, Lisa Cordero, Richard Custodio, Pedro Sandoval, Darren Zhumi
Body-Worn Camera evidence collected
Video evidence collected