Complaint #202311188,
November 28, 2023

Summary

On November 28, 2023, at approximately 7:54 a.m., [redacted] fled on foot into his family's residence at [redacted] in the Bronx, while being chased by officers who had responded to a 911 call regarding him assaulting another civilian. PO Elias Oleaga, PO Emilio Perez, PO Francisco Flores Ayala, and PO Victor Guzman entered the residence (Allegations A-D: Abuse of Authority, within NYPD guidelines). During a struggle to gain entry at the doorway, PO Oleaga, PO Francisco Flores Ayala, and PO Frank Giordano of the 45th Precinct used profanity toward [redacted] (Allegations E-F: Discourtesy, within NYPD guidelines; Allegation G: Discourtesy, miscellaneous – subject resigned). While attempting to gain entry to the home by placing his asp in the doorjamb, PO Oleaga allegedly struck [redacted] arm with the asp (Allegation H: Force, unable to determine). PO Oleaga broke a glass pane in the door with his asp, and he and PO Flores Ayala broke the door itself while making entry (Allegations I-J: Abuse of Authority, within NYPD guidelines). PO Perez deployed his pepper spray into the residence through the partially open door, spraying [redacted] (Allegations K-L: Force, substantiated; Allegation M: Force, within NYPD guidelines). Officers allegedly used profanity toward [redacted] (Allegation N: Discourtesy, unfounded). Officers allegedly refused to obtain medical attention for [redacted] (Allegations O-P: Abuse of Authority, unfounded). Read report for details.