Complaint #200106783,
September 12, 2001

Officer: Cherry, Patrick
Complainant: Black Male, 24
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Cherry, Patrick
Complainant: Black Male, 24
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Unsubstantiated
Officer: Cherry, Patrick
Complainant: Black Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Cherry, Patrick Black Male, 24 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Cherry, Patrick Black Male, 24 Abuse of Authority: Retaliatory summons Unsubstantiated
Cherry, Patrick Black Male, 24 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

On September 12, 2001, at approximately 8:15 p.m., [redacted] was sitting in his living room when he noticed that lights were flashing outside his house. [redacted] lives with several other family members; at the time of this incident, however, [redacted] was alone in his home. Looking out his front door, standing behind his metal screen, [redacted] observed two police officers shining a flashlight into his car. [redacted]'s car was parked directly in front of his house. The police officers were traveling on foot. [redacted] asked the officers, "What seems to be the problem? Why are you looking in my car?” PO Cherry (identified from the name on the summons) approached [redacted] and asked him for his license and registration. [redacted] replied, "No, you can not come to me and ask for my license and registration if I am in my house. What seems to be the problem?" [redacted]'s response apparently upset PO Cherry. PO Cherry turned around and cursed at [redacted] calling him a "black fuck." PO Cherry told [redacted] that he was going to issue [redacted] a summons "whether [he] liked it or not" and subsequently called [redacted] a few more pejorative names that he could not remember. PO Cherry told [redacted] "fuck you" and the tone of the conversation was very loud. The police officer that accompanied PO Cherry did not say anything to [redacted] during the encounter. The second police officer was a black male with short dreads. PO Cherry wrote [redacted] a summons for a cracked windshield while he was outside and left the summons on [redacted]'s car. According to [redacted] his car did not have a cracked windshield and PO Cherry was incorrect in issuing him a summons.
The next morning, on September 13, 2001, [redacted] took his car to the 73rd stationhouse where a sergeant inspected his car and did not find a cracked windshield. The sergeant told [redacted] that he would cancel the summons. Read report for details.


Details

Incident: September 12, 2001
Received: September 30, 2001
Closed: June 27, 2002
Last Updated: December 11, 2024

Reason for contact: Parking violation
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Miguel Marte