Complaint #202203515,
May 31, 2022

Officer: Staten, Claude
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Officer(s) Unidentified
Officer: Matoslugo, Daliza
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Paulinocepeda, Kelvin
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Staten, Claude Hispanic Male, 25-29 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)
Unknown Officer Hispanic Male, 25-29 Force: Physical force Officer(s) Unidentified
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Interference with recording Officer(s) Unidentified
Matoslugo, Daliza Hispanic Male, 25-29 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)
Paulinocepeda, Kelvin Hispanic Male, 25-29 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Staten, Claude
Forfeit vacation 5 days
Closed: Resolved by plea, December 27, 2024
APU Command Discipline A
Forfeit vacation 5 days / Command Discipline A

Matoslugo, Daliza
Command Discipline - B
Command Discipline - B (Vacation: 5 days)

Paulinocepeda, Kelvin
Command Discipline - B
Command Discipline - B (Vacation: 5 days)

Summary

On May 31, 2022, at 01:31 a.m., [redacted] witnessed the arrest of [redacted] outside 2052 Jerome Avenue in the Bronx and filmed the arrest using his cell phone. An officer slapped his phone out of his hand (Allegation A: Force - physical force, [redacted] Allegation B: Abuse of Authority - interference with recording, [redacted]). At 01:41 a.m., [redacted] arrived at the 46th Precinct stationhouse and told Police Officer Claude Staten of the 46th Precinct that he wanted to file a complaint about the officer who slapped the phone from his hand. PO Staten told him to get out of the stationhouse (Allegation C: Abuse of Authority - refusal to process civilian complaint, [redacted]). Sergeant Daliza Matos Lugo and Police Officer Kelvin Paulino Cepeda of the 46th Precinct failed to process [redacted] complaint at the stationhouse (Allegations D and E: Abuse of Authority - refusal to process civilian complaint, [redacted]).
CCRB case #[redacted] was split from this case to address allegations involving [redacted]. Read report for details.


Details

Incident: May 31, 2022
Closed: August 23, 2023
Last Updated: December 29, 2024

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Manuel Andeliz, Tell Beharry, Eric Bernard, Philip Billik, Ariel Cruz, Carolyn Daley, Suwatana Dunckley, Tori Faber, James Geberth, Sean Massey, Paul May, Michael Mccabe, Michael Mcdermott, John Mcging, Jacob Newman, Carlos Nunez, Davit Osmanovic, Michael Phipps, Fausto Ramirez, Bryan Reyes, Christopher Rios, Trevis Roberts, Alnaldo Rodriguez, Josue Rodriguez, Valon Rugova, Natalie Sanchez, Ednise Sanchezramirez, Gladwin Sato, Luis Sotomayor, Nicholas Terrett, Rafael Tosado
Body-Worn Camera evidence collected
Video evidence collected