Complaint #202105563,
May 18, 2021

Officer: Husbands, Aaron
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Husbands, Aaron
Complainant: Age 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Xylas, Mark
Complainant: Age 30-34
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Rodriguez, Benjamin
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Xylas, Mark
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lester, James
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lambert, Jared
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rodriguez, Benjamin
Complainant: Age 30-34
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Rodriguez, Benjamin
Complainant: Age 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Age 30-34
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unfounded
Officer: Rodriguez, Benjamin
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Husbands, Aaron
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rodriguez, Benjamin
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Age 30-34
Allegation: Offensive Language: Race
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Unknown Officer
Complainant: Age 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Xylas, Mark
Complainant: Age 30-34
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Husbands, Aaron Age 30-34 Force: Physical force Exonerated
Husbands, Aaron Age 30-34 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Xylas, Mark Age 30-34 Force: Nonlethal restraining device Exonerated
Rodriguez, Benjamin Age 30-34 Force: Physical force Exonerated
Xylas, Mark Age 30-34 Force: Physical force Exonerated
Lester, James Age 30-34 Force: Physical force Exonerated
Lambert, Jared Age 30-34 Force: Physical force Exonerated
Rodriguez, Benjamin Age 30-34 Abuse of Authority: Property damaged Exonerated
Rodriguez, Benjamin Age 30-34 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Unknown Officer Age 30-34 Force: Restricted Breathing Unfounded
Rodriguez, Benjamin Age 30-34 Force: Physical force Exonerated
Husbands, Aaron Age 30-34 Force: Physical force Exonerated
Rodriguez, Benjamin Age 30-34 Force: Physical force Exonerated
Unknown Officer Age 30-34 Offensive Language: Race Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Unknown Officer Age 30-34 Discourtesy: Word Unfounded
Xylas, Mark Age 30-34 Abuse of Authority: Forcible Removal to Hospital 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.

Further details on conclusions.


Penalties

Husbands, Aaron
No Disciplinary Action-DUP
No penalty

Rodriguez, Benjamin
Resigned

Summary

On May 18, 2021, at approximately 5 p.m., [redacted] pulled over in the vicinity of Fulton Street and Brooklyn Avenue in Brooklyn, after calling 911 about three officers harassing him. [redacted] immediately exited his vehicle and stood in the street. Sergeant Mark Xylas, Police Officer Aaron Husbands, and Police Officer Benjamin Rodriguez, all of the 79th Precinct, exited an unmarked police vehicle and approached [redacted]. After a brief conversation with [redacted], Sgt. Xylas called an ambulance for [redacted] given the possibility that he was emotionally disturbed (Allegation A: Abuse of Authority: Threat to Remove to the Hospital, [redacted]). As [redacted] moved away from the police officers, Sgt. Xylas deployed his Taser, and the prongs made contact with [redacted]'s left arm (Allegation B: Force-Nonlethal restraining device, [redacted]). Shortly after, Sgt. Xylas deployed his Taser at [redacted] a second time, with the prongs making contact with his lower back, on the right side (Subsumed within Allegation B). PO Husbands, PO Rodriguez, and Sgt. Xylas engaged in a physical struggle with [redacted] in the process of placing him in handcuffs (Allegations C, D, and E: Force-Physical Force, [redacted]). During the struggle, an officer allegedly made contact with [redacted]'s neck and restricted his breathing (Allegation F: Force-Restricted Breathing, [redacted]). PO Rodriguez ripped [redacted]'s T-shirt and allegedly the button of his pants (Allegation G: Abuse of Authority-Property Damaged, [redacted]). Either PO Husbands or PO Rodriguez called [redacted] a "monkey" (Allegation H: Offensive Language-Race, [redacted]) (Allegation I: Discourtesy-Word, [redacted]). Once the officers placed [redacted] in handcuffs, he was escorted to the rear of a marked police vehicle. Police Officer Jared Lambert and Police Officer James Lester, of the 79th Precinct, arrived on scene (PO Lambert has since been promoted to detective). PO Husbands, PO Rodriguez, PO Lester, and PO Lambert attempted to place [redacted] into the... Read report for details.


Details

Incident: May 18, 2021
Received: September 16, 2021
Closed: August 3, 2022
Last Updated: December 11, 2024

Reason for contact: Other
Location: Street/highway
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Moses Lebron
Body-Worn Camera evidence collected