Complaint #202003245,
April 16, 2020

Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Victoria, Kenny
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Chacko, Tony
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Chacko, Tony
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Chacko, Tony
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Fernandez, Emmanuel
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Maximo
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Delahanty, Richard
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Chacko, Tony
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Delahanty, Richard
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Maria, Daniel
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 25-29 Force: Physical force Officer(s) Unidentified
Victoria, Kenny Hispanic Male, 25-29 Force: Physical force Exonerated
Chacko, Tony Hispanic Male, 25-29 Abuse of Authority: Vehicle search Exonerated
Chacko, Tony Hispanic Male, 25-29 Discourtesy: Word Substantiated (Command Discipline A)
Chacko, Tony Hispanic Male, 25-29 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Fernandez, Emmanuel Hispanic Male, 25-29 Abuse of Authority: Gun Drawn Unsubstantiated
Gomez, Maximo Hispanic Male, 25-29 Abuse of Authority: Gun Drawn Unsubstantiated
Delahanty, Richard Hispanic Male, 25-29 Force: Physical force Unsubstantiated
Chacko, Tony Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Delahanty, Richard Hispanic Male, 25-29 Force: Physical force Exonerated
Maria, Daniel Hispanic Male, 25-29 Force: Physical force Unfounded

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.


Penalty

Chacko, Tony
Closed: Charges not served, August 4, 2023
APU Closed: Charges not served

Summary

On April 16, 2020, at approximately 3:30 p.m., [redacted] was driving his vehicle in the vicinity of East 157th Street and River Avenue in the Bronx when PO Emmanuel Fernandez and PO Maximo Gomez of the 44th Precinct pulled him over. PO Fernandez and PO Gomez allegedly drew their firearms while approaching [redacted] vehicle (Allegations A and B - Abuse of Authority: [redacted]). [redacted] refused to provide his documentation and requested a supervisor. Sgt. Tony Chacko, PO Richard Delahanty, PO Daniel Maria, Lt. Steven Degree, and additional officers from the 44th Precinct responded. [redacted] told Sgt. Chacko that he wanted a supervisor and Sgt. Chacko responded, "I am a supervisor, what the fuck do you think I am?" and, "That's not how this shit fucking works" (Allegation C - Discourtesy: [redacted]). [redacted] placed his ID against the interior side of the window and Sgt. Chacko reached inside of the vehicle to grab it (Allegation D - Abuse of Authority: [redacted]). PO Victoria punched [redacted] in the face and PO Victoria and PO Delahanty took [redacted] to the ground (Allegations E and F - Force: [redacted]). PO Maria allegedly punched [redacted] in the back of the head (Allegation G-Force: [redacted]). While on the ground, an officer allegedly punched [redacted] in the back of the head (Allegation H - Force: [redacted]). Sgt. Chacko threatened to tase [redacted] in the face and placed his taser against [redacted] face (Allegation I - Abuse of Authority: [redacted]). Sgt. Chacko pointed his taser at an unidentified bystander (Allegation J - Abuse of Authority: [redacted]). PO Delahanty and PO Victoria took [redacted] to [redacted] where PO Delahanty allegedly punched [redacted] in the face and in the testicles (Allegation K - Force: [redacted]).
[redacted] was arrested and charged with failure to obey a traffic device, aggravated unlicensed operator, reckless driving, obstruction of governmental administration, resisting arrest, making terroristic threats, and menacing. [redacted] Read report for details.


Details

Incident: April 16, 2020
Received: May 13, 2020
Closed: April 21, 2022

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Steven Degree, Michael Meneses, Nicole Spinelli
Body-Worn Camera evidence collected