Complaint #200203680,
May 23, 2002

Officer: Kelly, Robert
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Kelly, Robert
Complainant: White Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Mullen, Brian
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Mullen, Brian
Complainant: White Male, 34
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unfounded
Officer: Mullen, Brian
Complainant: White Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Kelly, Robert
Complainant: White Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mullen, Brian
Complainant: White Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Kelly, Robert Abuse of Authority: Premises entered and/or searched Exonerated
Kelly, Robert White Male, 34 Discourtesy: Word Unfounded
Mullen, Brian Abuse of Authority: Premises entered and/or searched Exonerated
Mullen, Brian White Male, 34 Force: Handcuffs too tight Unfounded
Mullen, Brian White Male, 34 Force: Physical force Exonerated
Kelly, Robert White Male, 34 Force: Physical force Exonerated
Mullen, Brian White Male, 34 Discourtesy: Word Unfounded

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.

Further details on conclusions.


Summary

[redacted] stated that on May 23, 2002, at approximately 7:45 PM, he and his son [redacted] were watching a videotape on the television in their apartment. [redacted] answered a knock at the door to find [redacted] a social worker, together with PO Kelly and PO Mullen. [redacted] asked the two officers, "Can I help you?" The officers said they were accompanying the social worker. [redacted] addressed [redacted] who explained that he had come to collect [redacted] old nephew and foster child, [redacted] due to allegations that [redacted] was 'beating up on him.' [redacted] welcomed [redacted] into his apartment and proceeded to close the door. The officers pushed the door open before he could close it and [redacted] said, "There is no aggression going on here, and I didn't invite you in – why are you coming into my house?" The officers replied, "We want to come in." [redacted] responded, "I'm not letting you into my house because I didn't invite you into my house. Maybe if you had asked in a decent manner I would have let you in." The officers said, "We're coming in anyway." [redacted] was standing next to [redacted].
PO Mullen put his hand on [redacted]'s chest and pushed him back approximately six feet into the kitchen doorway. [redacted] attempted to sneak past [redacted] and the officers to leave the apartment. [redacted] told [redacted] "Tell the officers there's no aggression going on here and that I'll let you take the kid and they can wait outside." The officers then informed [redacted] that it was their job to enter the apartment to assist [redacted]. [redacted] said, "Fine. Okay, but stay right here by the kitchen door because if the kid sees you, he's [redacted] old, he's been through this before, if he sees it again he'll start going crazy. So let me go inside, get him dressed and talk to him." [redacted] turned to help [redacted] get [redacted] The officers followed. [redacted] stopped and said, "Listen, you guys are acting like morons. This is a [redacted] old child I have to get out of this house... Read report for details.


Details

Incident: May 23, 2002
Received: June 4, 2002
Closed: September 4, 2003

Reason for contact: C/V telephoned PCT
Location: Police building
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Edward Griffith