Complaint #202006271,
August 30, 2020

Officer: Hernandez, Heriberto
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Heriberto
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Heriberto
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cipriani, Frank
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Cipriani, Frank
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Kim, Dongchul
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer: Cipriani, Frank
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Hernandez, Heriberto
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Hernandez, Heriberto Hispanic Male, 30-34 Discourtesy: Word Unsubstantiated
Hernandez, Heriberto Hispanic Male, 30-34 Abuse of Authority: Threat of summons Unsubstantiated
Hernandez, Heriberto Hispanic Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Cipriani, Frank Hispanic Male, 30-34 Abuse of Authority: Refusal to provide name Substantiated (Command Discipline A)
Cipriani, Frank Hispanic Male, 30-34 Abuse of Authority: Refusal to provide shield number Substantiated (Command Discipline A)
Kim, Dongchul Hispanic Male, 30-34 Force: Physical force Unfounded
Unknown Officer Hispanic Male, 30-34 Abuse of Authority: Strip-searched Unfounded
Unknown Officer Hispanic Male, 30-34 Abuse of Authority: Strip-searched Unfounded
Cipriani, Frank Hispanic Male, 30-34 Discourtesy: Word Unfounded
Hernandez, Heriberto Hispanic Male, 30-34 Discourtesy: Word Unfounded

Conclusion Meanings:

'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

Hernandez, Heriberto
No Disciplinary Action-DUP
No penalty

Cipriani, Frank
No Disciplinary Action-DUP
No penalty

Summary

At approximately 3:47 a.m. on August 30, 2020, [redacted] got into a dispute with the owner of a restaurant located at 2402 86th Street in Brooklyn. When the owner called 911, several officers from the 62nd Precinct responded, including Lieutenant Frank Cipriani, Sergeant Heriberto Hernandez and Police Officer Dongchul Kim. The officers told [redacted] to leave, warning him that he would be arrested if he came back. [redacted] walked away, but then came back a few minutes later. He was holding a glass bottle. Sergeant Hernandez allegedly told [redacted] "You can't fucking drink here" (Allegation A: Discourtesy - Word, [redacted]). He also allegedly threatened to issue him a summons for drinking (Allegation B: Abuse of Authority – Threat of summons, [redacted]). Sergeant Hernandez told [redacted] "Yo te rompo la cara," which means "I will break your face" in Spanish (Allegation C: Abuse of Authority – Threat of force, [redacted]).
When [redacted] refused to leave, Lieutenant Cipriani and Sergeant Hernandez decided to arrest him for disorderly conduct. The officers placed [redacted] in handcuffs. Several officers then allegedly searched him by reaching their hands inside his underwear (Allegation D: Abuse of Authority – Strip search, [redacted]). [redacted] repeatedly asked Lieutenant Cipriani for his name and shield number. Lieutenant Cipriani did not respond to these requests (Allegation E: Abuse of Authority – Refusal to provide name, [redacted]; Allegation F: Abuse of Authority – Refusal to provide shield number, [redacted]).
The officers then transported [redacted] to the 62nd Precinct stationhouse for arrest processing. There, multiple officers then allegedly reached into [redacted]'s underwear again (Allegation G: Abuse of Authority – Strip search, [redacted]). Police Officer Kim also allegedly pushed [redacted] down against a table (Allegation H: Force – Physical force, [redacted]). Lieutenant Cipriani and Sergeant Hernandez allegedly cursed repeatedly at [redacted] while he was at the stationhouse... Read report for details.


Details

Incident: August 30, 2020
Received: September 15, 2020
Closed: March 30, 2022

Reason for contact: CV already in custody
Location: Street/highway
In NYPD 62nd Precinct Brooklyn
Outcome: Arrest - OGA

Witness Officers: Jaleesa Arrington, Ilya Dimantov, Kelly Espinoza, Steven Fiorenza, Christopher Kerstiens, Mark Kulishevskiy, Luis Mireliscruz, Kamal Rustamov, Nicholas Scorie, Anthony Villacis, Olivia Wiggins
Body-Worn Camera evidence collected