Complaint #202002738,
April 9, 2020

Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Moynihan, Shawn
Complainant: Black Male, 35-39
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Charges)
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Charges)
Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Moynihan, Shawn
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Carrasquillo, Victor
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Moynihan, Shawn
Complainant: Black Male, 40-44
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Moynihan, Shawn
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Restricted Breathing
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Carrasquillo, Victor Black Male, 40-44 Abuse of Authority: Interference with recording Exonerated
Carrasquillo, Victor Black Male, 40-44 Force: Physical force Exonerated
Moynihan, Shawn Black Male, 35-39 Force: Pepper spray Unsubstantiated
Moynihan, Shawn Black Male, 40-44 Force: Pepper spray Exonerated
Moynihan, Shawn Black Male, 40-44 Force: Physical force Exonerated
Moynihan, Shawn Black Male, 40-44 Force: Restricted Breathing Unsubstantiated
Moynihan, Shawn Black Male, 40-44 Discourtesy: Word Substantiated (Command Discipline A)
Moynihan, Shawn Black Male, 40-44 Discourtesy: Word Substantiated (Command Discipline A)
Carrasquillo, Victor Black Male, 40-44 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Charges)
Moynihan, Shawn Black Male, 40-44 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Charges)
Carrasquillo, Victor Black Male, 40-44 Force: Physical force Substantiated (Command Discipline B)
Moynihan, Shawn Black Male, 40-44 Force: Physical force Substantiated (Command Discipline B)
Carrasquillo, Victor Black Male, 40-44 Abuse of Authority: Refusal to provide name Unsubstantiated
Carrasquillo, Victor Black Male, 40-44 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Moynihan, Shawn Black Male, 40-44 Abuse of Authority: Refusal to provide name Unfounded
Moynihan, Shawn Black Male, 40-44 Abuse of Authority: Refusal to provide shield number Unfounded
Moynihan, Shawn Black Male, 40-44 Discourtesy: Word Unfounded
Moynihan, Shawn Black Male, 40-44 Abuse of Authority: Threat of arrest Unfounded
Carrasquillo, Victor Black Male, 40-44 Force: Restricted Breathing Unsubstantiated
Moynihan, Shawn Black Male, 40-44 Force: Restricted Breathing Unsubstantiated
Moynihan, Shawn Black Male, 40-44 Discourtesy: Action Unsubstantiated
Moynihan, Shawn Force: Pepper spray Unsubstantiated
Carrasquillo, Victor Black Male, 40-44 Force: Physical force Exonerated
Moynihan, Shawn Black Male, 40-44 Force: Other Unsubstantiated
Moynihan, Shawn Untruthful Statement: Misleading official statement Substantiated (Charges)
Unknown Officer Black Male, 40-44 Force: Restricted Breathing Officer(s) Unidentified

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
'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.


Penalties

Moynihan, Shawn
Closed: Charges not served, July 26, 2023
APU Closed: Charges not served

Carrasquillo, Victor
Closed: Charges not served, July 26, 2023
APU Closed: Charges not served

Summary

On April 9, 2020, at approximately 5:33 PM, [redacted] and [redacted] encountered PO Victor Carrasquillo and PO Shawn Moynihan of PSA 7 at the intersection of Alexander Avenue and East 142nd Street in the Bronx. [redacted] and [redacted] followed the officers' unmarked vehicle on foot and recorded videos of the officers, at which point the officers exited their vehicle and arrested [redacted] for Disorderly Conduct.
PO Carrasquillo allegedly knocked [redacted] phone from his hand, interfering with his ability to record the incident (Allegation A: Abuse of Authority, [redacted] and then allegedly punched [redacted] in the face (Allegation B: Force, [redacted] PO Carrasquillo also allegedly pushed [redacted] against a vehicle, where [redacted] reportedly struck his head (Allegation C: Force, [redacted] Meanwhile, PO Moynihan discharged OC spray toward [redacted] and other unidentified individuals (Allegations D and E: Force, [redacted] and used OC spray against [redacted] (Allegation F: Force, [redacted] PO Moynihan also kneed and punched [redacted] (Allegation G: Force, [redacted] PO Moynihan allegedly brought [redacted] to the ground by pulling on a gold chain necklace worn around his neck, restricting [redacted] breathing (Allegation H and I: Force, [redacted] After the officers handcuffed [redacted] PO Moynihan said to [redacted] "Get in the fucking car" (Allegation J: Discourtesy, [redacted] Additionally, an officer allegedly repositioned [redacted] jacket such that it restricted his breathing (Allegation K: Force, [redacted] Although the officers initially intended to arrest [redacted] ultimately, they did not do so.
En route to the PSA 7 stationhouse, [redacted] informed the officers that he suffered from asthma and that, due to exposure to OC spray, he was having difficulty breathing and required medical attention. In response, PO Moynihan said to [redacted] "Shut the fuck up" (Allegation L: Discourtesy, [redacted] Additionally, although [redacted] appeared to lose consciousness in the rear of the... Read report for details.


Details

Incident: April 9, 2020
Received: April 16, 2020
Closed: April 21, 2022

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - OGA

Body-Worn Camera evidence collected
Video evidence collected