Complaint #202105462, September 2021

Incident: September 14, 2021
Closed: January 19, 2023

Reason for contact: Report-dispute
Location: Commercial building
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Michael Amaro, Domingo Arjona, Nicholas Caniglia, Steven Garcia, Emilio Pichardo

Officer:	Rivera, Derek
Complainant:	Hispanic Female, 25-29
Allegation:	Discourtesy: Word
CCRB Conclusion:	Exonerated
Officer:	Rivera, Derek
Complainant:	Hispanic Female, 25-29
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Jeanbaptiste, Marvin
Complainant:	Hispanic Female, 25-29
Allegation:	Force: Physical force
CCRB Conclusion:	Unfounded
Officer:	Rivera, Derek
Complainant:	Hispanic Female, 25-29
Allegation:	Offensive Language: Disability
CCRB Conclusion:	Unsubstantiated
Officer:	Toale, Peter
Complainant:	Hispanic Male, 25-29
Allegation:	Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Ogando, Harold
Complainant:	Hispanic Male, 25-29
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Humphrey, Irie
Complainant:	Hispanic Female, 25-29
Allegation:	Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion:	Unsubstantiated
Officer:	Rivera, Derek
Complainant:	Hispanic Female, 25-29
Allegation:	Discourtesy: Word
CCRB Conclusion:	Unsubstantiated

Officer	Complainant	Allegation	CCRB Conclusion
Rivera, Derek	Hispanic Female, 25-29	Discourtesy: Word	Exonerated
Rivera, Derek	Hispanic Female, 25-29	Force: Physical force	Exonerated
Jeanbaptiste, Marvin	Hispanic Female, 25-29	Force: Physical force	Unfounded
Rivera, Derek	Hispanic Female, 25-29	Offensive Language: Disability	Unsubstantiated
Toale, Peter	Hispanic Male, 25-29	Abuse of Authority: Refusal to process civilian complaint	Substantiated (Command Discipline B)
Ogando, Harold	Hispanic Male, 25-29	Force: Physical force	Exonerated
Humphrey, Irie	Hispanic Female, 25-29	Abuse of Authority: Forcible Removal to Hospital	Unsubstantiated
Rivera, Derek	Hispanic Female, 25-29	Discourtesy: Word	Unsubstantiated

Penalty

Toale, Peter

NYPD Conclusion: Command Discipline - B

Penalty: Command Discipline - B (Vacation: 5 days)

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

'Substantiated': The alleged conduct 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' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.