Complaint #200309678, December 2003

Incident: December 3, 2003
Received: December 5, 2003
Closed: January 14, 2005

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 23rd Precinct Manhattan
Outcome: Arrest - resisting arrest

Witness Officers: Kenneth Conway, Michael Jennings, John Perno, Alberto Sanchez

Officer:	Aguirre, Antenor
Complainant:	Black Male, 19
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Aguirre, Antenor
Complainant:	Black Male, 19
Allegation:	Force: Pepper spray
CCRB Conclusion:	Exonerated
Officer:	Franz, Kenneth
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Retaliatory arrest
CCRB Conclusion:	Exonerated
Officer:	Franz, Kenneth
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion:	Unsubstantiated
Officer:	Nigri, Edmund
Complainant:	Black Male, 19
Allegation:	Force: Pepper spray
CCRB Conclusion:	Exonerated

Officer	Complainant	Allegation	CCRB Conclusion
Aguirre, Antenor	Black Male, 19	Force: Physical force	Exonerated
Aguirre, Antenor	Black Male, 19	Force: Pepper spray	Exonerated
Franz, Kenneth	Black Male, 18	Abuse of Authority: Retaliatory arrest	Exonerated
Franz, Kenneth	Black Male, 18	Abuse of Authority: Refusal to provide name/shield number	Unsubstantiated
Nigri, Edmund	Black Male, 19	Force: Pepper spray	Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.