Complaint #9604756,
September 11, 1996

Officer: Caban, James
Allegation: Force: Punch/Kick
CCRB Conclusion: Substantiated (Charges)
Officer: Caban, James
Allegation: Abuse of Authority: Other - Abuse
CCRB Conclusion: Substantiated (Charges)
Officer: Caban, James
Allegation: Discourtesy: Curse
CCRB Conclusion: Substantiated (Charges)
Officer Allegation CCRB Conclusion
Caban, James Force: Punch/Kick Substantiated (Charges)
Caban, James Abuse of Authority: Other - Abuse Substantiated (Charges)
Caban, James Discourtesy: Curse Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Summary

On September 11th, 1996, at approximately 6:30 p.m., [redacted] was walking towards [redacted]. He was going to [redacted] located at that address. As he approached the intersection with Garrison and Manida Avenue, [redacted] noticed a marked police car in the middle of the street. He also observed a Hispanic Male, identified as [redacted] being placed under arrest. Two women came out of [redacted] and told the officers Spruils and Pannisidi that [redacted] lived there and that he was not a drug dealer. P.O. Spruils then spoke into his radio and a few minutes later, another RMP arrived. In this car were Sgt. Caban, P.O Vargas, PO. Amaro and P.O. Costoso. [redacted] observed what he thought to be a near fight, and proceeded to write down the RMP numbers. At that point, Sgt. Caban noticed [redacted] and walked over to him and asked him what the was doing. Sgt. Caban then asked [redacted] to provide some identification. [redacted] explained that he lived in the neighborhood, and that he was there to attend a meeting at [redacted]. When [redacted] turned around to retrieve his identification from his briefcase, Sgt Caban grabbed the paper with the RMP numbers began to read it. When [redacted] protested, Sgt. Caban threw the paper into the street and grabbed [redacted] arm. In response, [redacted] pulled his arm away and informed Sgt. Caban not to touch him unless he was under arrest. [redacted] then alleges that Sgt. Caban punched him in the face (Allegation A). When the sergeant attempted to hit him a second time, [redacted] grabbed his hand. At that point, three officers ran over with their night sticks drawn and began to beat [redacted] (Allegation B).
According to [redacted] the four officers beat him with the night sticks and their fists. They were screaming, "Get down on the ground." An unidentified officer said, "He is a crazy fucking nigger" (Allegation I). While on the ground, [redacted] alleged that an unidentified officer placed his foot on the rear of [redacted] neck while another officer handcuffed him... Read report for details.


Details

Incident: September 11, 1996
Received: October 10, 1996
Closed: October 10, 1996

Reason for contact: Arrest/Complainant
Outcome: No arrest made or summons issued