{"active":true,"first_name":"Michael","last_name":"Smertiuk","race":"White","gender":"Male","rank":"DT2","command":{"command":"COD SAS","assignment_date":"2024-08-08","id":"575"},"shield_no":5290,"taxid":"946267","complaint_ids":[200909118,200817766],"command_history":[{"command":"COD STRATEGIC ANALYSIS SECTION"},{"command":"CD OFF","id":"145"},{"command":"032 PCT","id":"32pct"}],"appt_date":"2008-01-07","middle_initial":"A","shield_no_history":[29506],"lawsuits":[{"name":"Holmes, Daquan vs City of New York, et al.","start_date":"2013-10-18","disposition_date":"2014-02-06","payout_amount":0,"disposition":"Zero Disposition","docket":"13CV05382","court":"U.S. District Court - Eastern District NY","officer_name":"Smertiuk, Michael","summary":"On October 2, 2010, Plaintiff was working as a sales clerk at his place of employment on Flatbush Ave, Brooklyn, NY. Plaintiff placed his cell phone near the front of the store to charge. Defendants Merzier, Austin, and Fiefie entered the store. At the back of the store, Plaintiff witnessed Austin and Fiefie walking toward his cell phone. Returning to the front of the store, Plaintiff realized his cell phone was missing. After informing the store owner of the theft, Plaintiff walked outside and approached Austin and Fiefie if they had information to who may have taken his phone. Austin and Fiefie denied knowledge of the missing phone. Merzier re-appeared and shouted at Plaintiff, she and Defendants were employed and had no need for his cell phone. Merzier left the scene. Plaintiff asked Austin and Fiefie if he could borrow one of their cell phones, so that he could call his own phone to locate it. One of the Defendants obliged, and Plaintiff called his missing phone. Pattelli and Smertiuk arrived on scene. Merzier re-appeared and shouted Plaintiff had a gun. Pattelli and Smertiuk pulled their weapons, and pointed them. Plaintiff threw up his hands, declared he had no gun, and begged not to shoot him. Pattelli and Smertiuk approached Plaintiff, searched him and came up with nothing but threw him to the ground and handcuffed him. The store owner emerged and expressly told Pattelli and Smertiuk that Plaintiff had done nothing wrong. Pattelli and Smertiuk ignored her and refused to take her statement. The store owner attempted to speak with the Defendant officers, but she was ignored. Plaintiff was transported to the 70th Precinct in Brooklyn for a number of  charges in the Brooklyn Criminal Court. Plaintiff was incarcerated for seven days. Defendants ignored exculpatory evidence and maliciously continued with his prosecution. On February 2, 2011, all of the above-stated criminal charges against Plaintiff were dismissed in his favor, and the case was sealed.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.347430/gov.uscourts.nyed.347430.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/13050172/holmes-v-the-city-of-new-york/"}],"image":"https://www.50-a.org/images/officer/RAST-michael-smertiuk.jpg","payroll":{"salary":"134819","regular":"130069","overtime":"53296","other":"21781","total":"205146"},"id":"RAST","url":"https://www.50-a.org/officer/RAST"}