Complaint #202006547,
May 30, 2020

Officer: Marquez, Johnny
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Age 30-34
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Unavailable
Officer: Unknown Officer
Complainant: Age 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Unavailable
Officer: Unknown Officer
Complainant: White Male, 30-34
Allegation: Force: Pepper spray
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: White Male, 30-34
Allegation: Force: Pepper spray
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: White Male, 30-34
Allegation: Force: Pepper spray
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Marquez, Johnny
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Marquez, Johnny Force: Pepper spray Exonerated
Unknown Officer Age 30-34 Force: Pepper spray Alleged Victim Unavailable
Unknown Officer Age 30-34 Discourtesy: Word Alleged Victim Unavailable
Unknown Officer White Male, 30-34 Force: Pepper spray Officer(s) Unidentified
Unknown Officer White Male, 30-34 Force: Pepper spray Officer(s) Unidentified
Unknown Officer White Male, 30-34 Force: Physical force Officer(s) Unidentified
Unknown Officer White Male, 30-34 Force: Pepper spray Officer(s) Unidentified
Unknown Officer White Male, 30-34 Force: Physical force Officer(s) Unidentified
Marquez, Johnny Force: Pepper spray Substantiated (Command Discipline B)

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.

Further details on conclusions.


Penalty

Marquez, Johnny
No Disciplinary Action-DUP
No penalty

Summary

On the night of May 30th, 2020, [redacted] and his friend [redacted] were participating in a George Floyd/Black Lives Matter demonstration at the intersection of Bedford and Church Avenues in Brooklyn. At about 10 p.m., [redacted] and over one hundred other protesters had a stand off with about fifty police officers that were arranged in a line across the east side of the intersection. One of the officers in this line, Police Officer Johnny Marquez of the 70th Precinct, pepper sprayed approximately two subjects that were encroaching on the police line [Allegation A: Force – Pepper Spray, [redacted]] PO Marquez then indiscriminately sprayed multiple other subjects [Allegation B: Force – Pepper Spray, [redacted]] Another unidentified officer pepper sprayed [redacted] [Allegation C: Force – Pepper Spray, [redacted]] and stated "get the fuck out of here" [Allegation D: Discourtesy – Word, [redacted]] Protesters, including [redacted] subsequently moved east along Church Avenue, away from the intersection. Multiple officers followed the protesters. Two of these officers pepper sprayed [redacted] [Allegation E: Force – Pepper Spray, [redacted] Allegation F: Force – Pepper Spray, [redacted]]. Shortly afterwards, an officer shoved [redacted] to the sidewalk [Allegation G: Force – Physical Force, [redacted]] [redacted] was pepper sprayed again as he lay on the ground [Allegation H: Force – Pepper Spray, [redacted]] Shortly afterward, an officer handcuffed [redacted] Another officer then allegedly punched or kneed [redacted] in the side of his rib cage, causing him to fall back to the sidewalk [Allegation I: Force – Physical Force, [redacted]] [redacted] was ultimately taken to One Police Plaza and issued a summons in lieu of arrest; there is no record of this summons. Read report for details.


Details

Incident: May 30, 2020
Received: September 28, 2020
Closed: June 10, 2021

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Thomas Gallina, Tarik Haywood, Jay Huang, Adnan Hussain, Alan Litvin, Terence Monahan, Miguel Vanbrakle, Dane Varriano, John Velez, Mateusz Wybraniec
Body-Worn Camera evidence collected
Video evidence collected