Complaint #200107448,
October 31, 2001

Officer: Barker, Michael
Complainant: Black Male, 29
Allegation: Force: Flashlight as club
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Barker, Michael
Complainant: Black Male, 29
Allegation: Force: Chokehold
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Delman, Eric
Complainant: Black Male, 18
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Mckenna, James
Complainant: Black Male, 34
Allegation: Force: Physical force
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Rogers, Michael
Complainant: Black Male, 18
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rogers, Michael
Complainant: Black Male, 18
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Rogers, Michael
Complainant: Black Male, 18
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Barker, Michael
Complainant: Black Male, 29
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Exonerated
Officer: Mckenna, James
Complainant: Black Male, 34
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Barker, Michael Black Male, 29 Force: Flashlight as club Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Barker, Michael Black Male, 29 Force: Chokehold Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Delman, Eric Black Male, 18 Force: Pepper spray Exonerated
Mckenna, James Black Male, 34 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Rogers, Michael Black Male, 18 Discourtesy: Word Unsubstantiated
Rogers, Michael Black Male, 18 Abuse of Authority: Refusal to provide name/shield number Unfounded
Rogers, Michael Black Male, 18 Force: Physical force Unsubstantiated
Barker, Michael Black Male, 29 Abuse of Authority: Retaliatory arrest Exonerated
Mckenna, James Black Male, 34 Abuse of Authority: Retaliatory arrest Unsubstantiated
CCRB Investigator Recommendation: Substantiated

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

The first incident occurred on October 31, 2001. [redacted] and several friends were at the corner of [redacted] and [redacted] in Brooklyn, listening to a portable stereo and dancing, Lieutenant Michael Rogers told them to disperse. [redacted] arrived midway through the incident. The [redacted] allege that Lieutenant Rogers called the group "wise-asses" (allegation A), refused his shield number(allegation B), and pushed [redacted] (allegation C). The second incident occurred on November 7, 2001. [redacted], and several others were at the corner of [redacted] and [redacted] Officer Michael Barker of the 83 Precinct walked past on foot patrol, smelled marijuana, and ordered the group to disperse. [redacted] was waiting for his friend and remained as the others left. Officer Barker returned and began to argue with [redacted]. [redacted] arrived in his car and [redacted] told him that Officer Barker was being an "asshole." Officer Barker told [redacted] to run or get in [redacted] car, and placed a 10-85 call for additional units. [redacted] walked toward his house on [redacted] with Officer Barker following. Central called Officer Barker to obtain a precise location but he did not respond. Central told the numerous responding units this. As Lieutenant Charles Flynn pulled up, Officer Barker took hold of [redacted] by the throat in front of [redacted] (allegation D). [redacted] struggled and grabbed Officer Barker's throat. Lieutenant Flynn assisted Officer Barker as [redacted] continued struggling and stood back up. Officer Barker swung his flashlight at [redacted] hitting his lower lip (allegation E). [redacted] was arrested (allegation F). Meanwhile, Officer Eric Delman, Officer James McKenna, Officer Michael Corvi and Officer Philip Huemmer arrived and tried to control [redacted] and [redacted] who were upset. The officers and [redacted] a neighbor, tried to keep the group in the yard of [redacted]. Officer Delman discharged pepper spray at [redacted] (allegation G). [redacted], [redacted] and [redacted] were... Read report for details.


Details

Incident: October 31, 2001
Received: November 13, 2001
Closed: December 24, 2002

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - assault (against a PO)

Witness Officers: Gerald Cawley, Michael Corvi, Waldo Cuba, Joseph Delduca, John Delpozzo, John Drouin, Charles Flynn, Gualberto Garcia, Philip Huemmer, Brian Kenny, Wayne Lock, Scott Mcmaster, Jose Rosado, Pedro Vasquez