Wash Heights Cop Faced 17 Misconduct Accusations, 5 Lawsuits

WASHINGTON HEIGHTS, NY — A NYPD detective stationed in Washington Heights and Inwood faced 17 misconduct complaints against him during his time as an NYPD officer, according to newly-released data.

The accusations against Det. Fabio Nunez, who served at the 34th Precinct, in range from "physical force" to "abuse of authority" to "discourtesy," according to the database published by ProPublica. They also include two concerning the use of chokeholds on a Black man and a Hispanic man.

Nunez did not immediately respond to Patch's request for comment.

Patch asked for comment from NYPD Deputy Commissioner's Office of Public Information on Nunez, but instead received a statement about ProPublica's database:

"The NYPD has for many years worked to increase transparency to gain the trust of the communities we serve. While we remain committed to increased transparency, we are equally committed to due process," said Sgt. Mary Frances O'Donnell, a spokesperson for that office. "While recent legislation repealed NYS Civil Rights Law Section 50a, a federal judge issued a restraining order prohibiting the release of records of which allegations against our officers were found to be false, unfounded or unsubstantiated. We await the results of pending litigation."

Information regarding disciplinary records of all NYPD officers became public after a change in state law in June. ProPublica, a nonprofit independent journalism organization, then created a searchable database containing those records.

Out of 17 total accusations against Nunez, the Civilian Complaint Review Board ruled that three were substantiated, six were exonerated, and eight were unsubstantiated.

The Civilian Complaint Review Board defines those three terms as the following, according to ProPublica:

• Substantiated: "The alleged conduct occurred and it violated the rules."
• Exonerated: "The alleged conduct occurred but did not violate the NYPD's rules, which often gives officers significant discretion over use of force."
• Unsubstantiated: "The CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules."

A single complaint received from a civilian can include multiple accusations.

All 17 accusations against Nunez arose from the 34th Precinct, which serves the communities of Washington Heights and Inwood north of West 179th Street.

Out of the 10 complaints made against Nunez, nine were filed by either a Black man or Hispanic man; the ethnicity of the 10th complainant is unknown.

Two of the accusations related to use of a chokehold, the first of which was reported in 2009 against a 21-year-old Black man.

The accusations of the incident include a chokehold and the "abuse of authority," according to ProPublica. The Civilian Complaint Review Board ruled that both allegations were unsubstantiated.

The second allegation claiming Nunez used the banned technique took place in October 2018.

Nunez was accused of two counts of unnecessary force and one count of abuse of authority. The two counts of unnecessary force centered on a chokehold and restricted breathing against a 20-year-old Hispanic man.

The Civilian Complaint Review Board determined that both of these counts were substantiated.

The use of chokeholds by NYPD police officers has long been debated in the city.

In June, Gov. Andrew Cuomo signed a repeal of a law — known as 50-a — that officially banned the use of chokeholds by officers. Before the law was passed this summer, chokeholds were banned under NYPD policy but were not illegal.

In addition to civilian complaints against Nunez, he also has been involved in five lawsuits that paid out more than $220,000 during his career in the NYPD.

Here are the details surrounding the five lawsuits involving Nunez, according to the Legal Aid Society's Special Litigation Unit Cop Accountability Project team:

Cabreja v. City of New York et al., 2006: Settlement amount, $100,000

• Wilkins Cabreja and his friends were on a street corner, when Nunez and Sgt. Hernandez approached them. Cabreja used a derogatory-term to describe the officers and the two members of the NYPD threatened to arrest them and snap their arms. One of the officers pulled Cabreja's arm behind his back and fractured his humerus bone.

Soto v. The City of New York et al., 2008: Settled for undisclosed amount

• Nunez was one of two officers named in an incident that left a man with lacerations and bruises to his face, head, jaw, neck, shoulders and chest.

Adames v. The City of New York et al., 2010: Settlement amount, $20,000

• Nunez is one of two officers named in the lawsuit, but no information is available about what occurred.

Antun v. The City of New York et al., 2010: Settlement amount, $60,o00

• Wellington Antun was walking down the street when several plainclothes officers approached him — he ran not knowing they were police, but stopped when the officers identified themselves. Officers then struck Antun in the head with the butt of a gun, knocked him to the ground, kicked him and punched him in the face. Antun had to receive three staples in his head as a result of the injuries. The officers charged him with drug possession and filled out "false police reports," according to the Legal Aid Society. The charges were dropped after eight months. Nunez was one of two officers named in the lawsuit.

Martinez et al v. City of New York et al., 2010: Settlement amount, $40,000

• Louis Martinez was leaving his home in Inwood when Nunez and three other officers stopped and arrested him. Martinez needed to be hospitalized for injuries sustained during the arrest, and officers also took money and jewelry from Martinez's home, according to the summons/complaint form.

It is unclear if Nunez ever received punishment for any of the accusations against him or the incidents involved in the lawsuits, but he was promoted in 2015 to the position of Neighborhood Coordination Officer as part of Mayor Bill de Blasio's community policing initiative.

A list of neighborhood coordination officers on the 34th Precinct's website does not currently include Nunez's name.

READ MORE: WaHi Police Precincts Have Near 500 Allegations Against Officers