Complaint #202007660,
November 3, 2020

Officer: Gaylog, Robert
Complainant: Hispanic Male, 25-29
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Gaylog, Robert
Complainant: Hispanic Male, 25-29
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Burke, Timothy
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Cruz, Victor
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Dempsey, Vincent
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Cruz, Victor
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Dempsey, Vincent
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Assade, Yurantz
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Assade, Yurantz
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Assade, Yurantz
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Burke, Timothy
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Gaylog, Robert
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Gaylog, Robert Hispanic Male, 25-29 Force: Restricted Breathing Unsubstantiated
Gaylog, Robert Hispanic Male, 25-29 Force: Chokehold Unfounded
Burke, Timothy Hispanic Male, 25-29 Abuse of Authority: Search (of person) Exonerated
Cruz, Victor Hispanic Male, 25-29 Abuse of Authority: Frisk Exonerated
Dempsey, Vincent Hispanic Male, 25-29 Abuse of Authority: Frisk Exonerated
Cruz, Victor Hispanic Male, 25-29 Abuse of Authority: Search (of person) Exonerated
Dempsey, Vincent Hispanic Male, 25-29 Abuse of Authority: Search (of person) Exonerated
Assade, Yurantz Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Assade, Yurantz Black Female, 30-34 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Assade, Yurantz Abuse of Authority: Entry of Premises Exonerated
Burke, Timothy Hispanic Male, 25-29 Abuse of Authority: Forcible Removal to Hospital Exonerated
Gaylog, Robert Hispanic Male, 25-29 Force: Physical force 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.
'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

Assade, Yurantz
No Disciplinary Action-DUP
No penalty

Summary

On November 3, 2020, [redacted] was shot in the right arm in front of [redacted] in the Bronx. At approximately 9:45 p.m., officers from the 44th Precinct responded to the location. Sergeant Timothy Burke forcibly removed [redacted] to the hospital. (Allegation A, Abuse of Authority: Forcible Removal to Hospital, [redacted]). PO Cruz and PO Dempsey frisked and searched [redacted] (Allegations B and C, Abuse of Authority: Frisk, [redacted]) (Allegations D and E, Abuse of Authority: Search (of person), [redacted]) while Sgt. Burke ordered Police Officer Scott Ferguson to search [redacted]'s jacket (Allegation F, Abuse of Authority: Search (of person), [redacted]).
At approximately 9:50 p.m., Police Officer Victor Cruz, Police Officer Vincent Dempsey, and Police Officer Robert Gaylog of the 44th Precinct accompanied [redacted] in an ambulance en route to [redacted]. PO Gaylog allegedly placed his arm around [redacted]'s neck, allegedly restricted his breathing, and pulled [redacted]'s hood over his head (Allegation G, Force: Chokehold, [redacted])(Allegation H, Force: Restricted Breathing, [redacted])(Allegation I, Force: Physical Force, [redacted]).
While [redacted] was hospitalized, at approximately 10:45 p.m., Detective Yurantz Assade of the Criminal Intelligence Section went with Police Officer William Cullen and Police Officer Corey Graves (both of the 44th Precinct) went to [redacted] Apartment. Det. Assade asked [redacted]'s girlfriend, [redacted], to allow officers to enter and search the apartment for weapons. Det. Assade then, with PO Cullen and Graves, entered and searched [redacted] apartment (Allegation J, Abuse of Authority: Entry of Premises, [redacted])(Allegation K, Abuse of Authority: Search of Premises, [redacted]). Det. Assade allegedly failed to provide [redacted] with a business card at the conclusion of this incident (Allegation L, Abuse of Authority: Failure to Provide RTKA card, [redacted]).
[redacted] was ultimately arrested on an open complaint report regarding a charge of [redacted]... Read report for details.


Details

Incident: November 3, 2020
Received: November 20, 2020
Closed: April 22, 2022

Reason for contact: EDP aided case
Location: Other
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Scott Ferguson
Body-Worn Camera evidence collected