Complaint #200108292,
December 4, 2001

Officer: Torres, Eric
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Torres, Eric
Complainant: Black Male, 29
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Potkay, John
Complainant: Black Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Potkay, John
Complainant: Black Male, 29
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Charges)
Officer: Potkay, John
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Torres, Eric Black Male, 29 Force: Physical force Substantiated (Charges)
Torres, Eric Black Male, 29 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Potkay, John Black Male, 29 Discourtesy: Word Unsubstantiated
Potkay, John Black Male, 29 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Charges)
Potkay, John Black Male, 29 Force: Physical force Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Potkay, John
Command Discipline - A

Summary

Complainant [redacted] alleges that on December 4, 2001 PO Eric Torres struck him with an inanimate object (allegation A) and used excessive physical force against him (allegation B). [redacted] also alleges that another officer, PO John Potkay, refused to obtain medical treatment for him (allegation C), used excessive physical force against him (allegation D), and spoke to him in a discourteous manner (allegation E). [redacted] was physically injured at the scene of his arrest. Specifically, he suffered a bilateral rupture of the patellar tendons in his knees. [redacted] was arrested on this date and charged [redacted] civil suit against the City of New York is pending. [redacted]
IAB's investigative case file was received by CCRB on April 23, 2003. IAB has recommended charges and specifications against PO Torres for use of excessive force [see encl.11]. Command discipline was recommended for PO Potkay for failure to provide medical attention [see encl. 1m]. Read report for details.


Details

Incident: December 4, 2001
Received: December 28, 2001
Closed: June 30, 2003

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 30th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Vincent Carty, Foster Gilkes, George Layng, Amelia Loretoni, Shawn Pelletier, Wilder Sanchez, Joanne Stroud, Thomas Tergesen, Luis Veras, Marilyn Williams, Thomas Woods