Complaint #202101710,
March 7, 2021

Officer: Unknown Officer
Complainant: Male, 30-34
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Rivera, Daniel
Complainant: Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Rivera, Daniel
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Rivera, Daniel
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Exonerated
Officer: Rivera, Daniel
Complainant: Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Arias, Hans
Complainant: Male, 30-34
Allegation: Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Rivera, Daniel
Complainant: Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Rivera, Daniel
Complainant: Female, 25-29
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Arias, Hans
Complainant: Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Castro, Ron
Complainant: Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Capellan, Yordani
Complainant: Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Male, 30-34 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Rivera, Daniel Male, 30-34 Discourtesy: Word Exonerated
Rivera, Daniel Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Rivera, Daniel Male, 30-34 Abuse of Authority: Threat to damage/seize property Exonerated
Rivera, Daniel Male, 30-34 Force: Physical force Exonerated
Arias, Hans Male, 30-34 Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal) Substantiated (Command Discipline B)
Rivera, Daniel Male, 30-34 Abuse of Authority: Entry of Premises Exonerated
Rivera, Daniel Female, 25-29 Discourtesy: Word Exonerated
CCRB Investigator Recommendation: Substantiated
Arias, Hans Male, 30-34 Abuse of Authority: Entry of Premises Exonerated
Castro, Ron Male, 30-34 Abuse of Authority: Entry of Premises Exonerated
Capellan, Yordani Male, 30-34 Abuse of Authority: Entry of Premises 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.
'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

Arias, Hans
Command Discipline - B
Command Discipline - B (Vacation: 1 day)

Summary

On March 7, 2021, at approximately 7:56 am, a resident of [redacted] called 911. The caller stated that she heard an assault in progress occurring in the apartment directly next door to hers and stated she could see her own bedroom wall shaking. She stated she heard a female stating, "get off of me."
Police Officers Daniel Rivera, Ron Castro, Hans Arias, and Yordani Capellan of the 52nd Precinct responded to the location. Police Officer Rivera knocked on [redacted]'s door and stated, "Open the fucking door" (Allegation A: Discourtesy [redacted]). [redacted] asked officers why they were at his door. While [redacted] stood behind the door, an officer allegedly stated, "Open the fucking door, nigger" (Allegation B: Offensive Language [redacted]). [redacted] continued to ask the officer why they were at his door. Police Officer Rivera then stated, "You've got two seconds and I'm going to kick your door down" (Allegation C: Abuse of Authority [redacted]). [redacted] then opened the door and Police Officer Rivera immediately entered the apartment and asked [redacted] where his girlfriend was (Allegation D: Abuse of Authority [redacted]). A female individual stood behind [redacted] asked Police Officer Rivera why officers were at his door. Police Officer Rivera then stated, "get your fucking hands out of my face" (Allegation A: Discourtesy- [redacted]). Police Officer Rivera then removed his OC Spray from his utility belt and stated, "Don't make me mace you, bro" (Allegation H: Abuse of Authority- [redacted]). During the conversation, [redacted] pushed the female individual. Police Officer Rivera then pushed [redacted] with his forearm, and then with two hands (Allegation I: Force [redacted]) and walked further into the apartment. Police Officers Castro, Capellan, and Arias followed him (Allegations E, F, G—Abuse of Authority [redacted]). The officers remained in the apartment then went outside to speak with the female individual as [redacted] stayed inside the apartment. As officers exited the apartment, Police... Read report for details.


Details

Incident: March 7, 2021
Received: March 16, 2021
Closed: July 14, 2022
Last Updated: December 11, 2024

Reason for contact: Other
Location: Residential building
In NYPD 52nd Precinct Bronx
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected