Complaint #202002989,
April 20, 2020

Officer: Diegue, Giovany
Complainant: Asian Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Amjad, Mohammad
Complainant: Asian Male, 40-44
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Konikoff, Steven
Complainant: Asian Male, 40-44
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Diegue, Giovany
Complainant: Asian Male, 40-44
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Diegue, Giovany Asian Male, 40-44 Force: Physical force Unfounded
Amjad, Mohammad Asian Male, 40-44 Abuse of Authority: Forcible Removal to Hospital Exonerated
Konikoff, Steven Asian Male, 40-44 Force: Restricted Breathing Unsubstantiated
Diegue, Giovany Asian Male, 40-44 Abuse of Authority: Forcible Removal to Hospital 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.
'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.


Summary

On April 20, 2020, at approximately 3:30 p.m., [redacted] called 911 and told the operator that he would commit an act of violence against the next black officer that he saw due to an altercation he had earlier in the day. [redacted] then returned to his block outside of [redacted] in Brooklyn after allegedly buying pet food for his cat. As he reached the block, two marked police vehicles allegedly stopped near him with their lights and sirens. Police Officer Sajjad Baloch and Police Officer Giovanny Diegue, both of the 62nd Precinct, approached [redacted] and allegedly began to ask him if he had called 911 and made statements during the call that he would shoot police officers at the 62nd Precinct stationhouse. [redacted] began to argue with the officers as several other officers arrived, all from the 62nd Precinct, including Police Officer Juan Rodriguez-Payano, Police Officer Robert Henschel, Police Officer Nobin Samu, Police Officer Diandra Nunez, Police Officer Marat Yermiyayev, Police Officer Steven Konikoff, Police Officer Simon Wu, Sergeant Mohammad Amjad, and Police Officer Navdeep Singh. PO Diegue called an ambulance to evaluate [redacted] (Allegations A and B: Abuse of Authority, [redacted]). PO Diegue and PO Baloch handcuffed [redacted] and awaited an ambulance. [redacted] then became angry and called the officers "motherfuckers" among other profane statements. [redacted] then allegedly spat at PO Diegue and called him a racial epithet. PO Diegue then allegedly punched [redacted] in his chest (Allegation C: Force, [redacted]). Sgt. Amjad instructed the officers to arrest [redacted] in addition to removing him to the hospital. Once the ambulance arrived, the officers placed [redacted] on the stretcher and strapped him in it as he struggled and threatened the officers and EMTs. [redacted] spat at the officers and EMTs as the latter were preparing to take him to the hospital. While EMT [redacted] searched for a facemask, PO Konikoff pressed [redacted]'s baseball cap onto his face, causing [redacted] to... Read report for details.


Details

Incident: April 20, 2020
Received: April 30, 2020
Closed: February 22, 2022

Reason for contact: EDP aided case
Location: Street/highway
In NYPD 62nd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Sajjad Baloch, Robert Henschel, Diandra Nunez, Juan Rodriguezpayano, Nobin Samu, Paulius Simulevicius, Navdeep Singh, Simon Wu, Marat Yermiyayev
Body-Worn Camera evidence collected