Complaint #202103797,
June 23, 2021

Officer: Aizaga, Franklyn
Complainant: Black Female, 45-49
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Aizaga, Franklyn
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Aizaga, Franklyn
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Carro, Daniel
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Carro, Daniel
Complainant: Black Female, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Carro, Daniel
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Quintanilla, Jason
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lerner, Timothy
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Zerbo, Michael
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cruz, Guillermo
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Cruz, Guillermo
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Cruz, Guillermo
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Tomlinson, Joseph
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Tomlinson, Joseph
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Carro, Daniel
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Aizaga, Franklyn
Complainant: Black Female, 45-49
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Carro, Daniel
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Aizaga, Franklyn
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Cruz, Guillermo
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Aizaga, Franklyn Black Female, 45-49 Force: Chokehold Unsubstantiated
Aizaga, Franklyn Black Female, 45-49 Force: Physical force Exonerated
Aizaga, Franklyn Black Female, 45-49 Abuse of Authority: Forcible Removal to Hospital Substantiated (Command Discipline A)
Carro, Daniel Black Female, 45-49 Abuse of Authority: Refusal to provide name Unfounded
Carro, Daniel Black Female, 45-49 Discourtesy: Word Exonerated
Carro, Daniel Black Female, 45-49 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Quintanilla, Jason Black Female, 45-49 Force: Physical force Exonerated
Lerner, Timothy Black Female, 45-49 Force: Physical force Exonerated
Zerbo, Michael Black Female, 45-49 Force: Physical force Exonerated
Cruz, Guillermo Black Female, 45-49 Abuse of Authority: Search (of person) Unsubstantiated
Cruz, Guillermo Black Female, 45-49 Abuse of Authority: Refusal to provide name Unfounded
Cruz, Guillermo Black Female, 45-49 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Tomlinson, Joseph Black Female, 45-49 Abuse of Authority: Refusal to provide name Miscellaneous - Subject Resigned
Tomlinson, Joseph Black Female, 45-49 Abuse of Authority: Failure to provide RTKA card Miscellaneous - Subject Resigned
Carro, Daniel Black Female, 45-49 Force: Physical force Exonerated
Aizaga, Franklyn Black Female, 45-49 Force: Restricted Breathing Unsubstantiated
Carro, Daniel Black Female, 45-49 Force: Physical force Exonerated
Aizaga, Franklyn Black Female, 45-49 Abuse of Authority: Entry of Premises Exonerated
Cruz, Guillermo Black Female, 45-49 Abuse of Authority: Frisk 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

Aizaga, Franklyn
No Disciplinary Action-DUP
No penalty

Summary

On June 23, 2021, at approximately 1:25a.m., outside of [redacted] in Queens, officers responded to the location due to a 911 call. Lt. Franklyn Aizaga instructed officers to place [redacted] in custody and remove her to the hospital, resulting in officers entering the residence (Allegation A: Abuse of Authority, [redacted]) (Allegation B: Abuse of Authority, [redacted]). PO Timothy Lerner, PO Jason Quintanilla, PO Michael Zerbo, PO Daniel Carro, and Lt. Franklyn Aizaga from the 105th Precinct grabbed [redacted] and pulled her to the ground onto her stomach (Allegations C to G: Force, [redacted]). While on the floor, Lt. Aizaga placed his hands around the back of [redacted]'s neck, making contact with the front of [redacted]'s neck and preventing her from breathing normally (Allegation H and I: Force, [redacted]). [redacted] was placed in handcuffs and escorted to an ambulance. While being escorted to the ambulance, PO Carro placed [redacted]'s face first against the side of the ambulance (Allegation J: Force, [redacted]). PO Carro stated, "Fucking walk. Walk. Don't fucking kick me. Do not fucking kick me," and, "Put your fucking foot down," towards [redacted] (Allegation K: Discourtesy, [redacted]).
PO Guillermo Cruz from the 105th Precinct searched [redacted]'s frisked and searched pockets while she was against the ambulance (Allegation L: Abuse of Authority, [redacted]) (Allegation M: Abuse of Authority, [redacted]). [redacted] was placed inside of the ambulance and strapped down to a stretcher. [redacted] asked PO Carro, PO Cruz, and PO Joseph Tomlinson from the 105th Precinct for their name and business cards. None of the officers provided [redacted] their information (Allegations N and O: Abuse of Authority, [redacted]) (Allegation P and Q: Abuse of Authority, [redacted]) (Allegation R and S: Abuse of Authority, [redacted]). [redacted] was not arrested or summonsed as a result of this incident. Read report for details.


Details

Incident: June 23, 2021
Received: June 24, 2021
Closed: November 7, 2022

Reason for contact: EDP aided case
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Nicole Hagenah
Body-Worn Camera evidence collected