Complaint #201908401,
September 22, 2019

Officer: Diegue, Giovany
Complainant: Hispanic Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Diegue, Giovany Hispanic Male, 23 Force: Physical force Substantiated (Command Discipline A)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Diegue, Giovany
Command Discipline - A

Summary

On September 22, 2019, at approximately 8:00 p.m., at [redacted] was working in the trauma bay of the emergency room. [redacted] Police Officer Giovany Diegue, Police Officer Yermiyayev, both of the 62nd Precinct, as well as nurses and EMTs were attempting to restrain [redacted] in order to give him an IV. [redacted] was agitated, intoxicated and attempting to free himself from the hospital bed he was handcuffed to. All parties were holding down different parts of [redacted]'s body. PO Diegue removed one of his hands from restraining [redacted] and punched him in the upper left chest area near his shoulder. [redacted] told PO Diegue that he was not allowed to punch his patient. PO Diegue ignored [redacted] and approximately one minute later punched [redacted] more forcefully in the same place (Allegation A: Force; [redacted] asked PO Diegue to step away from [redacted] and PO Diegue complied. Read report for details.


Details

Incident: September 22, 2019
Received: September 23, 2019
Closed: March 6, 2020

Reason for contact: Report of other crime
Location: Hospital
In NYPD 72nd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Marat Yermiyayev
Body-Worn Camera evidence collected