Police Complaint

To; Civilian Complaint Board of New York City

August 9, 2009

On August 9, 2009, exactly at 7:15 pm, I was in the corner of my building sharing an interesting conversation about films and underage drinking in Washington Heights with my next door neighbor. The Streets of Saint Nicholas were full of underage people drinking and making such unbearable noise that we decided to go out and spend time and talking outside. About 15 minutes in to the conversation a police wagon came towards us backing up and I started giving the officer (Echavarria 1129 precinct 24) directions so he would not hurt anybody. Echavarria (can’t call him Mister neither officer) got his head out and in a very unprofessional tone urge me to move because he did not need any help, I responded to the officer “can you say please” to remember him the slogan of the police department(not such of thing out this officer). My neighbor and I went to the sidewalk immediately, and continue with our conversation when Echavarria came directly to me and put his finger on my chest, he was on the street side and I was on the sidewalk when reply “if I see you on the street again you’ll see what will happened to you” “I don’t need to say please to you” and repeated this phrases couple of times. At this moment he was with officer Montilla from the same precinct, Mr. Montilla was very calm and focus on his job, the street were full of people smoking and drinking and I was witness of a group of young guys jumping to a white Honda Accord with New Jersey Plate and three ladies inside right in the eyes of Echavarria and he did not do anything, another person climb a pole putting others in danger and he did not do anything. I checked his badge due to his attitude with me and he grabbed it and said (in an unprofessional tone again) “look at it, if I see you on the street again you’ll see”. I did not say anything to Echavarria, I did not disrespected Echavarria, unless he found my demand of politeness an offense, I got my arms crossed and my look down , I never looked at him to the eyed. 45 seconds later, When we thought everything was over, Echavarria came to me again and in an act of police abuse and sort of brutality reply “Now I changed my mind, and I ‘m going to arrest you” Echavarria Asked me for my personal Identification and I demanded an reason, then he violated my rights by searching my packets and getting my cell phone out when I told him “Officer you are violating my Rights. This Phrases was enough for him to grab my arms violently and throw my face against a vehicle (Dodged Voyager Blue plate NY-DPG-4599) parked in the corner of Saint Nicholas and 189th in the presence of a lot of people been one of the witnesses Jose Gonzalez (646-354-8356). Echavarria and Mr. Mantilla handcuff me using unnecessary force and told me(Echavarria) I was getting arrested, without reading my Miranda’s rights, without any valid reason other than the personal vendetta from this person (Echavarria), Just because I fit the profile of a Dominican anti social to his eyes?. The Captain came and in a courteous manner told me to come to the police vehicle that I’ll be ok. The Community District Leader (Mr. Calcagno) approached the Captain and told him that I was a community activist and I was not doing anything inappropriate or either illegal to be arrested. Once on the police car another captain came (Schrader Central Park Precinct) and told me that they going to give me a

summons and I’ll be home in couple of minutes. I was very frustrated and mad about the whole situation, the whole neighborhood was falling apart and the only action this “officer” is to arrest someone who is not doing anything wrong. When I though this was near the end, Echavarria came and opened the door of the police vehicle and told me to get someone to pick me up at the precinct because I was going to be arrested, “you going to sleep in the precinct tonight” “I know You drunk”. At this moment and giving to the level of disrespect from this person (Echavarria) I decided not to answer him just in case he would get offended again and give me more charges. Captain Schrader came to the vehicle and I told him “You said this is a summons and now I’m getting arrested”.

Describing who I’m is irrelevant, good people do bad things sometimes, but I do not drink, I do not make any noise in my neighborhood and I respect police’s work and as an activist I work on a Non-Profit giving health insurance to underserved people, I’m a known cyclist who tell guys to practice the sport and I was not doing anything wrong on August 9, 2009. The attitude of Echavarria was very unprofessional and by his actions he showed he can be a danger to civilians, it shows that he can lie about charges just to cover that he is wrong. By his actions, Echavarria put the man before the officer, His frustrations before his career and picked on someone unlikeable to him (me) to discharge his discourage and frustrations. Our neighborhood is not the best, but we are fighting everyday to improve it, but not with the attitude of this “officer”.

I was released from the police vehicle at 7:55pm, and the summons said I was doing what I did at 8:30pm, another lie by the officer; a fact that I noted to captain Schrader when I approached him at 8:03pm. I’m not doing this as a vendetta to Echavarria,but as a reminder to the police department that the civilians have rights and we will not tolerate any(more) abuse from the police department as it happened in the past with people like Echavarria. This is just a Red Flag to The department and to the CCB about this ”Officer”.

Sincerely

Gustavo Francisco

600 w 189^th street 31

New York, NY 10040

646.377.3441