Complaint #200002151,
March 23, 2000

Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Finley, Sean
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Finley, Sean
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Downes, Sean
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 21-24 Force: Pepper spray Exonerated
Finley, Sean Hispanic Male, 22 Abuse of Authority: Question and/or stop Exonerated
Finley, Sean Hispanic Male, 22 Force: Physical force Exonerated
Downes, Sean Hispanic Male, 22 Force: Physical force Exonerated

Conclusion Meanings:

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

Further details on conclusions.


Summary

On March 23, 2000, [redacted] spent the evening with a friend at [redacted]. He left at about 10 or 11 PM and walked towards his apartment at [redacted]. When he was about halfway home, three uniformed white male police officers got out of a black sedan and called him over to their car. One of the officers had arrested [redacted] a year earlier for assault. [redacted] immediately recognized him and knew him by his first name, Sean.
[redacted] walked to the officers. When he got to them, the tallest of the three officers grabbed him from the side and shoved him chest first against the car. [redacted] asked several times why he was being arrested. Sean replied, "[redacted] Give it up." [redacted] said that he did not want to be handcuffed, so he held his arms stiffly out to his sides. He estimated that it took the officers about seven minutes to get the cuffs on him. Once he was in handcuffs, he was thrown to the ground face first. He was then turned on his side and one of the officers maced him. The tall officer then kneeled on his neck and ribs. [redacted] told the officer he could not breathe, but the officer only told him to shut up.
[redacted] said that the officers later told him he was arrested for stealing $250 and a cellular phone, but that he did not know anything about it. Read report for details.


Details

Incident: March 23, 2000
Received: April 4, 2000
Closed: November 30, 2000

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 115th Precinct Queens
Outcome: Arrest - resisting arrest

Witness Officers: Timothy Erwig, Daniel Miller, Kevin Roske