Complaint #200203200,
April 3, 2002

Officer: Wayman, Christophe
Complainant: Hispanic Male, 16
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Exonerated
Officer: Marksberry, Thomas
Complainant: Hispanic Male
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Wayman, Christophe Hispanic Male, 16 Abuse of Authority: Frisk and/or search Exonerated
Marksberry, Thomas Hispanic Male Abuse of Authority: Frisk and/or search 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

[redacted] stated that on April 3, 2002 at approximately 10:00 a.m. at the Jay Street and Borough Hall subway station in Brooklyn, he and [redacted] were stopped by three uniformed officers for using their student metro card on a non-school day. [redacted] admitted to using his student metro card on a non-school day, stating that it was winter recess. [redacted] stated that PO #1 (male, White, over 5'9", ~170-180 lbs., and blond hair), later identified as PO Thomas Marksberry, asked him what did he use to enter the subway. [redacted] and [redacted] showed PO Marksberry the metro cards they used. PO Marksberry told them that they could not use the metro cards. When [redacted] asked why, PO Marksberry told him that it was because there was no school that day. PO Marksberry then asked them for identification but neither of them had any. He stated that the officers discussed amongst themselves whether they should issue them a summons or take them back to the command. PO #2, (male, White, shorter, chubbier, light brown or blond hair, wearing glasses) identified as PO Christopher Wayman, decided that the officers should take them to the command. PO #2 then proceeded to pat down and search [redacted] and PO #3 (female, Mexican, ~5'2", black hair) identified as PO Mildred Dorta, proceeded to pat down and search [redacted]. [redacted] described the search as the officers having them remove all items from their pockets and asking them if they had any weapons. PO Wayman then handcuffed [redacted] and PO Dorta handcuffed [redacted]. [redacted] stated that the officers then searched them again. PO Marksberry then made a radio call but he did not hear the conversation. They waited briefly then were told to walk upstairs to the street level, where he and [redacted] were placed in a marked patrol car. A White and a Black female officer were inside the patrol car. [redacted] and [redacted] were taken to the Hoyt and Schermerhorn Street subway station. PO Dorta rode with them while PO Marksberry and PO Wayman were in a separate... Read report for details.


Details

Incident: April 3, 2002
Received: May 14, 2002
Closed: December 2, 2002

Reason for contact: Other
Location: Subway station/train
In NYPD 84th Precinct Brooklyn
Outcome: Summons - other violation/crime

Witness Officers: Mildred Dorta