Complaint #202303239,
April 16, 2023

Officer: Garcia, James
Complainant: Hispanic Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Unknown Officer
Complainant: Hispanic Female, 21-24
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unfounded
Officer: Garcia, James
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Unknown Officer
Complainant: Hispanic Female, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Female, 21-24
Allegation: Offensive Language: Gender
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Villanueva, Anderson
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Collado, Delvi
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Collado, Delvi
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Within NYPD Guidelines
Officer: Collado, Delvi
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Collado, Delvi
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Collado, Delvi
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Collado, Delvi
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Johnny
Complainant: Hispanic Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Villanueva, Anderson
Complainant: Hispanic Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Collado, Delvi
Complainant: Hispanic Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Garcia, James Hispanic Female, 21-24 Force: Physical force Within NYPD Guidelines
Unknown Officer Hispanic Female, 21-24 Force: Restricted Breathing Unfounded
Garcia, James Abuse of Authority: Threat of arrest Within NYPD Guidelines
Unknown Officer Hispanic Female, 21-24 Discourtesy: Word Unfounded
Unknown Officer Hispanic Female, 21-24 Offensive Language: Gender Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Villanueva, Anderson Abuse of Authority: Threat of arrest Within NYPD Guidelines
Collado, Delvi Abuse of Authority: Threat of arrest Within NYPD Guidelines
Collado, Delvi Abuse of Authority: Search (of person) Within NYPD Guidelines
Collado, Delvi Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Collado, Delvi Abuse of Authority: Frisk Substantiated (Command Discipline A)
Collado, Delvi Abuse of Authority: Refusal to provide name Substantiated (Command Discipline A)
Collado, Delvi Hispanic Female, 30-34 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Diaz, Johnny Hispanic Female, 21-24 Force: Physical force Unfounded
Villanueva, Anderson Hispanic Female, 21-24 Force: Physical force Unfounded
Collado, Delvi Hispanic Female, 21-24 Force: Physical force Unfounded

Conclusion Meanings:

'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.
'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.


Penalty

Collado, Delvi
Pending
APU - Decision Pending

Details

Incident: April 16, 2023
Received: April 17, 2023
Closed: September 20, 2024
Last Updated: December 11, 2024

Reason for contact: Report-dispute
Location: Commercial building
In NYPD 43rd Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Christian Diaz, Steven Duch, Nicholas Petrelis, Dionis Reyes, Xin Zheng
Body-Worn Camera evidence collected
Video evidence collected