Complaint #202005289,
July 28, 2020

Officer: Reisert, Gregory
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Davis, Brian
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: House, Timothy
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Noguera, Luis
Allegation: Discourtesy: Word
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Unknown Officer
Complainant: Male, 60-64
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 60-64
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black, 21-24
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Officer(s) Unidentified
Officer: Reisert, Gregory
Complainant: Black, 21-24
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Noguera, Luis
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Davis, Brian
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Reisert, Gregory Force: Pepper spray Unsubstantiated
Davis, Brian Discourtesy: Word Exonerated
House, Timothy Force: Hit against inanimate object Exonerated
Noguera, Luis Discourtesy: Word Miscellaneous - Subject Retired
Unknown Officer Male, 60-64 Force: Hit against inanimate object Officer(s) Unidentified
Unknown Officer Force: Hit against inanimate object Exonerated
Unknown Officer Male, 60-64 Force: Physical force Officer(s) Unidentified
Unknown Officer Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black, 21-24 Force: Hit against inanimate object Officer(s) Unidentified
Reisert, Gregory Black, 21-24 Force: Pepper spray Unsubstantiated
Noguera, Luis Abuse of Authority: Threat of force (verbal or physical) Miscellaneous - Subject Retired
Davis, Brian Abuse of Authority: Threat of force (verbal or physical) 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 July 28, 2020, at approximately 5:43 p.m., [redacted] was participating in a 2020 Police Brutality protest at the intersection of East 25th Street and Second Avenue in Manhattan. In addition to [redacted] and [redacted] were also participating in the protest. At that time, an unmarked NYPD van pulled up alongside the protest; five plainclothes officers exited the vehicle and arrested a protester, known to the investigation as [redacted]. The crowd rushed to the van and, in response, officers from the Strategic Response Group (SRG), who were also on scene, moved in between the crowd and the police officers. The SRG officers used their bicycles to push the protesters back (Allegation A: Force; [redacted]). PO Timothy House of SRG lused his bicycle to push a protester from in front of the van (Allegation B: Force; [redacted]). Officers allegedly pushed [redacted] from behind with their bicycles, as well as allegedly struck him on the front of his body with their bicycles (Allegations C and D: Force [redacted]). [redacted] was also allegedly struck with an officer's bicycle (Allegation E: Force; [redacted]). During the incident, PO Gregory Reisert of SRG 1 deployed his pepper spray, which made contact with [redacted] and other protesters (Allegations F and G: Force; [redacted]).
[redacted] alleged that an officer said, "Get the fuck back assholes," during the incident (Allegation H: Discourtesy; [redacted]). PO Brian Davis of SRG 1 also used profanity during the incident, telling protesters, "Get the fuck back...Fuck out of here. Get the fuck out of here" (Allegations I: Discourtesy; [redacted]). PO Luis Noguera of SRG1 also told protesters, "Get the fuck back" during the incident, while pointing a can of pepper spray at protesters (Allegation J and K: Discourtesy and Abuse of Authority, respectively; Miscellaneous-[redacted]).
Only [redacted] was arrested during this incident; no other arrests were made, and no summonses were issued to the protesters.
PO Noguera has since retired from NYPD. Read report for details.


Details

Incident: July 28, 2020
Received: July 29, 2020
Closed: May 4, 2022

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 13th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Wilson Alba, Duane Barnes, Douglas Buffalino, Ryan Carriddi, Eric Eng, Matthew Fahy, Joseph Hayes, Christine Hirtzel, Sean Holohan, Craig Jacob, Matthew Kwiecinski, Jason Marzlock, James Masters, Jeffrey Zambrano
Body-Worn Camera evidence collected
Video evidence collected