Complaint #202106151,
October 7, 2021

Officer: Donohue, Sean
Complainant: Hispanic Male, 15-17
Allegation: Force: Vehicle
CCRB Conclusion: Substantiated (Charges)
Officer: Donohue, Sean
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Zinaman, Zachery
Complainant: Hispanic Male, 15-17
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Moye, Joshua
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Moye, Joshua
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Lisandro
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Lisandro
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Lisandro
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Moye, Joshua
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Donohue, Sean Hispanic Male, 15-17 Force: Vehicle Substantiated (Charges)
Donohue, Sean Hispanic Male, 15-17 Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Zinaman, Zachery Hispanic Male, 15-17 Force: Gun Pointed Exonerated
Moye, Joshua Hispanic Male, 15-17 Abuse of Authority: Refusal to provide name Substantiated (Command Discipline A)
Moye, Joshua Hispanic Male, 15-17 Abuse of Authority: Refusal to provide shield number Substantiated (Command Discipline A)
Rodriguez, Lisandro Hispanic Male, 15-17 Abuse of Authority: Refusal to provide name Substantiated (Command Discipline A)
Rodriguez, Lisandro Hispanic Male, 15-17 Abuse of Authority: Refusal to provide shield number Substantiated (Command Discipline A)
Rodriguez, Lisandro Abuse of Authority: Threat of force (verbal or physical) Exonerated
Moye, Joshua Abuse of Authority: Threat of force (verbal or physical) 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.

Further details on conclusions.


Penalties

Donohue, Sean
Closed: Retained, without discipline, July 26, 2023
APU Closed: Retained, without discipline
Dismissed

Rodriguez, Lisandro
Command Discipline - A

Moye, Joshua
Command Discipline - A

Summary

On October 7, 2021, at approximately 11:26 a.m., [redacted] allegedly menaced [redacted] with a gun at East 11th Street and Avenue C in Manhattan. While canvassing with Police Officer Zachery Zinaman and Police Officer Adel Eskander of the 9th Precinct, [redacted] spotted [redacted] on East 13th Street between Avenues B and C in the [redacted] got on his motor scooter and rode toward Avenue C. Police Officer Zinaman exited his police vehicle and aimed a gun at [redacted] (Allegation A – Force: Gun Pointed, [redacted] made a U-turn and drove onto the sidewalk of East 13th Street. Detective Sean Donohue of the 9th Precinct was driving in the opposite direction, and he turned his police vehicle to the right and onto the sidewalk, resulting in a collision that damaged [redacted] motor scooter (Allegation B – Force: Vehicle, Allegation C – Abuse of Authority: Property Damaged; [redacted] was placed under arrest (Board Review 02), and Police Officers Lisandro Rodriguez and Joshua Moye of the 9th Precinct drew their Tasers when an unidentified individual approached the scene (Allegation D & E – Abuse of Authority: Threat of Force, [redacted] En route to the 9th Precinct stationhouse, [redacted] asked Police Officer Rodriguez and Police Officer Moye numerous times for their names and shield numbers, but neither of them responded (Allegations F, G, H, and I – Abuse of Authority: Refusal to Provide Name/Shield Number, [redacted] was charged with Menacing with a Weapon in the 2nd degree, Criminal Possession of a Weapon in the 4th degree, Operating a Motor Vehicle Without a License, Driving a Motor Vehicle on a Sidewalk, and Operating an Unregistered Vehicle (Board Review 02). Read report for details.


Details

Incident: October 7, 2021
Received: October 12, 2021
Closed: January 19, 2023

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 9th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Adel Eskandar, James Keating
Body-Worn Camera evidence collected
Video evidence collected