Complaint #202106129,
June 2, 2020

Officer: Schmidt, Christopher
Complainant: White Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Zabala, Franz
Complainant: White Male, 21-24
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Zabala, Franz
Complainant: White Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cardenas, Vicente
Complainant: White Male, 21-24
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Cardenas, Vicente
Complainant: White Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: White Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Schmidt, Christopher
Complainant: White Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Carlsen, Joseph
Complainant: White Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Schmidt, Christopher White Male, 21-24 Force: Physical force Exonerated
Zabala, Franz White Male, 21-24 Force: Nightstick as club (incl asp & baton) Exonerated
Zabala, Franz White Male, 21-24 Force: Physical force Exonerated
Cardenas, Vicente White Male, 21-24 Force: Nightstick as club (incl asp & baton) Exonerated
Cardenas, Vicente White Male, 21-24 Force: Physical force Exonerated
Unknown Officer White Male, 21-24 Force: Physical force Exonerated
Schmidt, Christopher White Male, 21-24 Discourtesy: Word Exonerated
Carlsen, Joseph White Male, 21-24 Force: Physical force 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.

Further details on conclusions.


Summary

On June 2, 2020, at approximately 8:15 p.m., at West Street and Battery Place in Manhattan, [redacted] was taking part in a protest in honor of Black Trans Lives. Officers, including Lieutenant Christopher Schmidt, Sgt. Joseph Carlsen, PO Franz Zabala, of SRG 1, PO Vicente Cardenas and PO David Cardona, of SRG 4, and Captain Julio Delgado and PO Raymond Barrett, of SRG 2, formed a line and told people to disperse pursuant a mayoral curfew that went into effect at 8 p.m. [redacted] did not think the officers would arrest him, so he approached the line of officers and refused to move as they approached. PO Zabala pushed [redacted] back with his baton approximately one to two feet (Allegation A: Force – Nightstick as club (incl asp & baton), [redacted]). Lieutenant Schmidt then pulled [redacted] to the ground (Allegation B: Force – Physical Force, [redacted]) and, with the help of PO Zabala (subsumed under allegation A; Allegation C: Force – Physical Force, [redacted]), PO Cardenas, who was also holding a baton (Allegation D: Force – Nightstick as club (incl asp & baton), [redacted]; Allegation E: Force – Physical Force, [redacted]), Sgt. Carlsen, and other officers (Allegations F and G: Force – Physical Force, [redacted]) placed [redacted] into zip-ties. As Lieutenant Schmidt was doing this, he told [redacted] "Don't fight, asshole. Give me your hand," and, "Don't fight me. Just give me your fucking hand." (Allegation H: Discourtesy – Word, [redacted]). Once [redacted] was in zip ties, Sgt. Carlsen and PO Cardenas lifted him by the biceps into a standing position (subsumed under allegations E and F). Read report for details.