Complaint #202004183,
June 4, 2020

Officer: Unknown Officer
Complainant: Male
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Batista, Hugo
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Photography/Videography
CCRB Conclusion: Officer(s) Unidentified
Officer: Rios, Nicholas
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Officer(s) Unidentified
Officer: Rios, Nicholas
Complainant: Female, 30-34
Allegation: Abuse of Authority: Obstructed Shield Number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Female, 30-34
Allegation: Abuse of Authority: Obstructed Shield Number
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Male Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Batista, Hugo Hispanic Male, 25-29 Abuse of Authority: Question Unsubstantiated
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Photography/Videography Officer(s) Unidentified
Rios, Nicholas Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Unknown Officer Hispanic Male, 25-29 Discourtesy: Word Officer(s) Unidentified
CCRB Investigator Recommendation: Substantiated
Rios, Nicholas Female, 30-34 Abuse of Authority: Obstructed Shield Number Substantiated (Command Discipline A)
Unknown Officer Female, 30-34 Abuse of Authority: Obstructed Shield Number Officer(s) Unidentified

Conclusion Meanings:

'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.
'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

Rios, Nicholas
Closed: Retained, with discipline, May 2, 2022
APU Closed: Retained, with discipline
Forfeit vacation 10 days

Summary

On June 4, 2020, [redacted] and other unidentified friends of [redacted] attended a 2020 police brutality protest in the Bronx. At approximately 5:30 p.m., while [redacted] and other individuals waited near the intersection of East 148th Street and Bergen Avenue in the Bronx for the protest to begin, officers took photographs of them and their car's license plate (Allegation A: Abuse of Authority, [redacted]). [redacted] and other civilians participated in a peaceful protest in the Mott Haven neighborhood of the Bronx.
At approximately 8:15 PM, at the intersection of East 136th Street and Brook Avenue, officers positioned themselves in front of and behind the crowd of protesters and pushed them from both sides with batons and bicycles, causing injuries to those in the crowd. This allegation is the subject of CCRB case 202006855, in which [redacted] are listed as victims. Officers standing at the front of the crowd struck protesters with fists and batons. This general allegation is covered by CCRB case 202006855. Police Officer Nicholas Rios struck multiple people with a baton (Allegation B: Force, [redacted]). An officer struck [redacted] with a baton (Allegation C: Force, [redacted]). Officers deployed pepper spray against the crowd of protesters, affecting [redacted] and other individuals. These allegations are addressed in CCRB case 202006855. Many of the other officers who responded to the protest were wearing black bands on their shields, concealing their shield numbers (Allegation D: Abuse of Authority, [redacted]), including Police Officer Rios (Allegation E: Abuse of Authority, [redacted]).
Officers put many of the protesters, including [redacted] into zip tie handcuffs and detained them for several hours before releasing most of them with summonses. These allegations are addressed under CCRB case 202006855. [redacted] was placed in handcuffs before [redacted]. When [redacted] told the nearby officers that they should also arrest him if they were arresting [redacted], Police Officer Matthew Miret said,... Read report for details.


Details

Incident: June 4, 2020
Received: June 10, 2020
Closed: December 15, 2021

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Umid Karimov, Iran Lopezmaceda
Body-Worn Camera evidence collected
Video evidence collected