Complaint #201909958, July 2019

Incident: July 29, 2019
Received: November 15, 2019
Closed: July 21, 2021

Document: Complaint Closing Report

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Craig Basler, Thomas Mullarkey, Juan Rivera, Vincenzo Spinola

Officer:	Rivera, Edgar
Complainant:	Hispanic Male, 15-17
Allegation:	Abuse of Authority: Vehicle stop
CCRB Conclusion:	Exonerated
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Abuse of Authority: Vehicle stop
CCRB Conclusion:	Exonerated
Officer:	Lindquist, James
Complainant:	Hispanic Male, 15-17
Allegation:	Abuse of Authority: Vehicle stop
CCRB Conclusion:	Exonerated
Officer:	Rivera, Edgar
Complainant:	Hispanic Male, 15-17
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Lindquist, James
Complainant:	Male, 15-17
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Burke, Timothy
Complainant:	Male, 15-17
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Lindquist, James
Complainant:	Male, 15-17
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Burke, Timothy
Complainant:	Male, 15-17
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Force: Hit against inanimate object
CCRB Conclusion:	Unfounded
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Force: Other blunt instrument as a club
CCRB Conclusion:	Substantiated (Charges)
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion:	Unsubstantiated
Officer:	Rivera, Edgar
Complainant:	Hispanic Male, 15-17
Allegation:	Abuse of Authority: Refusal to provide shield number
CCRB Conclusion:	Unsubstantiated
Officer:	Unknown Officer
Complainant:	Hispanic Male, 15-17
Allegation:	Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion:	Officer(s) Unidentified
Officer:	Rivera, Edgar
Complainant:	Hispanic Male, 15-17
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Burke, Timothy
Complainant:	Hispanic Male, 15-17
Allegation:	Abuse of Authority: Property damaged
CCRB Conclusion:	Unsubstantiated
Officer:	Burke, Timothy
Allegation:	Untruthful Statement: Misleading official statement
CCRB Conclusion:	Substantiated (Charges)
Officer:	Rivera, Edgar
Complainant:	Hispanic Male, 15-17
Allegation:	Offensive Language: Gender
CCRB Conclusion:	Substantiated (Charges)
Officer:	Rivera, Edgar
Complainant:	Male, 15-17
Allegation:	Offensive Language: Gender
CCRB Conclusion:	Substantiated (Charges)
Officer:	Rivera, Edgar
Complainant:	Hispanic Male, 15-17
Allegation:	Offensive Language: Gender
CCRB Conclusion:	Substantiated (Charges)

Officer	Complainant	Allegation	CCRB Conclusion
Rivera, Edgar	Hispanic Male, 15-17	Abuse of Authority: Vehicle stop	Exonerated
Burke, Timothy	Hispanic Male, 15-17	Abuse of Authority: Vehicle stop	Exonerated
Lindquist, James	Hispanic Male, 15-17	Abuse of Authority: Vehicle stop	Exonerated
Rivera, Edgar	Hispanic Male, 15-17	Force: Physical force	Exonerated
Burke, Timothy	Hispanic Male, 15-17	Force: Physical force	Exonerated
Lindquist, James	Male, 15-17	Force: Physical force	Exonerated
Burke, Timothy	Hispanic Male, 15-17	Discourtesy: Word	Substantiated (Command Discipline A)
Burke, Timothy	Male, 15-17	Discourtesy: Word	Substantiated (Command Discipline A)
Lindquist, James	Male, 15-17	Discourtesy: Word	Substantiated (Command Discipline A)
Burke, Timothy	Hispanic Male, 15-17	Discourtesy: Word	Substantiated (Command Discipline A)
Burke, Timothy	Male, 15-17	Discourtesy: Word	Substantiated (Command Discipline A)
Burke, Timothy	Hispanic Male, 15-17	Force: Physical force	Exonerated
Burke, Timothy	Hispanic Male, 15-17	Force: Hit against inanimate object	Unfounded
Burke, Timothy	Hispanic Male, 15-17	Force: Other blunt instrument as a club	Substantiated (Charges)
Burke, Timothy	Hispanic Male, 15-17	Abuse of Authority: Threat of force (verbal or physical)	Unsubstantiated
Rivera, Edgar	Hispanic Male, 15-17	Abuse of Authority: Refusal to provide shield number	Unsubstantiated
Unknown Officer	Hispanic Male, 15-17	Abuse of Authority: Threat of force (verbal or physical)	Officer(s) Unidentified
Rivera, Edgar	Hispanic Male, 15-17	Force: Physical force	Exonerated
Burke, Timothy	Hispanic Male, 15-17	Abuse of Authority: Property damaged	Unsubstantiated
Burke, Timothy		Untruthful Statement: Misleading official statement	Substantiated (Charges)
Rivera, Edgar	Hispanic Male, 15-17	Offensive Language: Gender	Substantiated (Charges)
Rivera, Edgar	Male, 15-17	Offensive Language: Gender	Substantiated (Charges)
Rivera, Edgar	Hispanic Male, 15-17	Offensive Language: Gender	Substantiated (Charges)

Penalties

Burke, Timothy

APU Case Status: Pending

Penalty: APU - Decision Pending

Lindquist, James

Penalty: Command Discipline - A

Rivera, Edgar

APU Case Status: Closed: Previously adjudicated, with discipline, July 2020

NYPD Conclusion: APU Closed: Previously adjudicated, with discipline

Penalty: Forfeit vacation 3 days

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

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

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.