Complaint #202103385,
May 30, 2021

Officer: Rivera, Brandon
Complainant: Hispanic Male, 25-29
Allegation: Force: Nonlethal restraining device
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Rivera, Brandon
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unfounded
Officer: Rivera, Brandon
Complainant: Hispanic Male, 25-29
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Rivera, Brandon
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rivera, Brandon
Complainant: Hispanic Male, 25-29
Allegation: Force: Radio as club
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Rivera, Brandon
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Rivera, Brandon
Complainant: Hispanic Male, 25-29
Allegation: Force: Radio as club
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Rivera, Brandon Hispanic Male, 25-29 Force: Nonlethal restraining device Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Rivera, Brandon Hispanic Male, 25-29 Abuse of Authority: Other Unfounded
Rivera, Brandon Hispanic Male, 25-29 Force: Nonlethal restraining device Exonerated
Rivera, Brandon Hispanic Male, 25-29 Discourtesy: Word Substantiated (Command Discipline A)
Rivera, Brandon Hispanic Male, 25-29 Force: Radio as club Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated
Rivera, Brandon Hispanic Male, 25-29 Discourtesy: Word Exonerated
Rivera, Brandon Hispanic Male, 25-29 Force: Radio as club Substantiated (Charges)

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

Rivera, Brandon
Forfeit vacation 20 days
Closed: Resolved by plea, January 5, 2024
APU Guilty
Forfeit vacation 20 days

Summary

On May 30, 2021, at 12:12 A.M., in front of 76-13 Broadway in Queens, PO Brandon Rivera of the 110th Precinct failed to provide [redacted] with the reason for a vehicle stop (Allegation A, Abuse of Authority). In front of 41-27 77th Street in Queens, PO Rivera used his taser against [redacted] and told him, "Don't fucking move," (Allegation C, Discourtesy), PO Rivera then struck [redacted] with a radio twice (Allegation D, Force and Allegation E, Force) and again used his taser against [redacted] (Allegation F, Force). PO Rivera told [redacted] "Shut the fuck up. Nobody told you to run, you fucking idiot. Fuck you," and "Shut the fuck up," (Allegation G, Discourtesy). [redacted] was arrested and charged with possession of a forged instrument, criminal possession of a weapon (brass knuckles), resisting arrest, obstructing governmental administration, criminal possession of a controlled substance, disorderly conduct, operating a motor vehicle without insurance, and a license plate violation (01 Board Review). Read report for details.


Details

Incident: May 30, 2021
Received: June 4, 2021
Closed: October 13, 2022

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 110th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Omar Alli, Rhett Barrett, David Calhoun, James Cruz, Craig Defreitas, James Droge, Sean Foley, Jonathan Freda, Emmanuel Hatzinikolaou, Francisco Luciano, Joseph Peters, Ramnauth Ramlochan, William Veintimilla, John Villalba
Body-Worn Camera evidence collected
Video evidence collected