Complaint #200200808,
January 27, 2002

Officer: Alps, Thomas
Complainant: Hispanic Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Allen, Timothy
Complainant: Hispanic Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Alps, Thomas Hispanic Male, 41 Force: Physical force Exonerated
Allen, Timothy Hispanic Male, 41 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

According to [redacted] on 1/27/02, he and his wife, [redacted] were at the home of his wife's friend, [redacted] and her boyfriend for a party. [redacted] and [redacted] reside at [redacted] in the Bronx (see Complaint Report, enc. 23). At 4:00 AM, [redacted] and [redacted] got into a dispute over [redacted] refusing to be the godfather of [redacted]s child. Since [redacted] thought that [redacted] went to his bedroom to get a gun, [redacted] got a 12" knife from the kitchen. [redacted] and [redacted]s wife entered the bedroom, but [redacted] could not get in. He did not remember puncturing the walls or cutting the phones as indicated in the arrest report (enc. 22).
Officers, subsequently identified as PO Christopher Allen, PO Shawn Ingalls, PO Marc Rios and PO Albert Flores arrived and broke through the apartment door while [redacted] was about ten feet away from the front door. He did not hear the officers until they broke down the door because he was still in the heated dispute. The four officers told [redacted] to drop the knife, and he did. The officers then tried to handcuff him, but he resisted them. An officer pepper sprayed him; the four officers took him to the hall, and handcuffed him. [redacted] said that he did not sustain injuries during his arrest and he had no complaints about what happened during his arrest.
Two officers took [redacted] to the stationhouse. [redacted] screamed "emphatically" because of pain he felt while being pulled into the cell by his handcuffed hands and was telling the officers to let go. [redacted] could not see the officers' faces because of his having been pepper sprayed. Officers pushed [redacted] up against a wall inside the cell (Allegations A and B – physical force). At some point, [redacted] found himself on the floor on his side; this hurt his shoulder. Though [redacted] told IAB that officers pushed him to the floor, he told the CCRB that he did not know if he fell or if he was pushed down because it “all happened so quick." [redacted] turned on his back, moved... Read report for details.


Details

Incident: January 27, 2002
Received: February 6, 2002
Closed: October 1, 2002

Reason for contact: Report-dispute
Location: Police building
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Christophe Allen, Frank Calderone, Shawn Ingalls