Complaint #202002649,
April 5, 2020

Officer: Suarez, Jacob
Complainant: Hispanic Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Suarez, Jacob
Complainant: Hispanic Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Suarez, Jacob
Complainant: Hispanic Male, 45-49
Allegation: Abuse of Authority: Photography/Videography
CCRB Conclusion: Unfounded
Officer: Suarez, Jacob
Complainant: Hispanic Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Suarez, Jacob
Complainant: Hispanic Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Suarez, Jacob
Complainant: Hispanic Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Suarez, Jacob Hispanic Male, 45-49 Force: Physical force Substantiated (Command Discipline B)
Suarez, Jacob Hispanic Male, 45-49 Discourtesy: Word Unsubstantiated
Suarez, Jacob Hispanic Male, 45-49 Abuse of Authority: Photography/Videography Unfounded
Suarez, Jacob Hispanic Male, 45-49 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Suarez, Jacob Hispanic Male, 45-49 Discourtesy: Word Substantiated (Command Discipline A)
Suarez, Jacob Hispanic Male, 45-49 Discourtesy: Word Unfounded

Conclusion Meanings:

'Substantiated': The misconduct 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' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalty

Suarez, Jacob
Forfeit vacation 11 days
Closed: Plea set aside, Comm. Disc. A, October 2, 2023
APU Command Discipline A
Forfeit vacation 1 days / Command Discipline A

Summary

On April 5, 2020, at approximately 6:40 p.m., inside of the West 96th Street and Broadway subway station in Manhattan, [redacted] was walking towards the West 96th Street and Broadway exit when he passed PO Jacob Suarez and PO Suman Basak of Transit Bureau District 03.
PO Suarez allegedly pointed at [redacted] and stated, "That's the piece of shit right there," [redacted] asked PO Suarez if he was talking about him. PO Suarez is alleged to have cursed at [redacted] and told him to exit the subway station (Allegation A: Discourtesy, [redacted] then exited the subway station.
Approximately one minute later [redacted] reentered the subway station and walked up to PO Suarez and PO Basak, who were now joined by PO Tyler Perez and PO Leddys Castillo of Transit Bureau District 03. [redacted] began recording PO Suarez. PO Suarez allegedly pulled out his own cellphone and began recording [redacted] (Allegation B: Abuse of Authority, [redacted] PO Suarez allegedly then repeatedly cursed at [redacted] while telling him to leave the subway station (Allegation C: Discourtesy, [redacted]).
[redacted] walked towards the subway station exit, stopped and spoke to PO Suarez. PO Suarez walked over to [redacted] and pushed him two times, moving him out of the subway station (Allegation D: Force, [redacted]).
Once outside of the station [redacted] asked PO Suarez if he just pushed him. PO Suarez said yes, and then threatened to arrest or summons [redacted] (Allegation E: Abuse of Authority, [redacted] continued to yell and curse at PO Suarez from outside of the subway station. PO Suarez stated, "You're talking so much shit" (Allegation F: Discourtesy, [redacted] then walked away. Read report for details.


Details

Incident: April 5, 2020
Received: April 10, 2020
Closed: March 30, 2022

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 24th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Suman Basak, Leddys Castillo, Tyler Perez
Body-Worn Camera evidence collected
Video evidence collected