Complaint #200204391,
June 17, 2002

Officer: Cruz, Michael
Complainant: Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cruz, Michael
Complainant: Age 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Age 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Henderson, Scott
Complainant: Black Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Age 21-24
Allegation: Force: Other
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Age 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Henderson, Scott
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Henderson, Scott
Complainant: Black Male, 22
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer: Cruz, Michael
Complainant: Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Age 21-24
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Cruz, Michael Male, 23 Force: Physical force Unsubstantiated
Cruz, Michael Age 24 Discourtesy: Word Unsubstantiated
Unknown Officer Age 21-24 Discourtesy: Word Exonerated
Henderson, Scott Black Male, 22 Discourtesy: Word Exonerated
Unknown Officer Age 21-24 Force: Other Officer(s) Unidentified
Unknown Officer Age 21-24 Force: Physical force Officer(s) Unidentified
Unknown Officer Black Male, 21-24 Force: Physical force Officer(s) Unidentified
Henderson, Scott Black Male, 22 Force: Physical force Unsubstantiated
Unknown Officer Black Male, 21-24 Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Henderson, Scott Black Male, 22 Abuse of Authority: Gun Drawn Exonerated
Cruz, Michael Male, 23 Force: Physical force Exonerated
Unknown Officer Age 21-24 Abuse of Authority: Gun Drawn Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

[redacted] and [redacted] were with a group of individuals in front of [redacted] at least one of whom was harassing [redacted] old [redacted] who subsequently called 911 to report an assault. Sgt. Henderson, PO Cruz, and PO Encarnacion responded and conducted a canvass of the area with [redacted] who identified [redacted] as one of the involved individuals. PO Cruz approached [redacted] and attempted to place him under arrest, but [redacted] resisted arrest, necessitating the use of force to handcuff him. [redacted] attempted to strike PO Cruz, who punched back at [redacted] (Allegation A). OATH caselaw indicates this force should be exonerated. [redacted] also alleged that PO Cruz punched him again after he was handcuffed (Allegation B).
Officers also attempted to place [redacted] under arrest. Allegations were made by [redacted] and other civilians that during this struggle, one officer attempted to punch [redacted] (Allegation D), pointed his weapon at [redacted] (Allegation E) and struck [redacted] while he was on the ground (Allegation F).
As the arrests of [redacted] and [redacted] were ongoing, [redacted] the complainant's son, ran up to the scene, and was eventually arrested. [redacted] alleges that he was struck by Sgt. Henderson when he first approached the scene. (Allegation G).
[redacted] further alleges that he was lightly struck in the head with a nightstick by one of two uniformed officers (Allegation H), who both pushed him against a gate in an attempt to handcuff him (Allegation I). [redacted] was not able to identify the subject officers from a photo array, and numerous officer interviews and police documents and interviews did not clarify their identity. Addtionally, [redacted] did not see the face of the officer who struck him in the head.
[redacted] alleges that he was told to "shut the fuck up," by Sgt. Henderson while repeatedly questioning the officer during his arrest, and ignoring the officer's requests that [redacted] be quiet (Allegation J).
[redacted] alleged that a red-haired... Read report for details.


Details

Incident: June 17, 2002
Received: July 1, 2002
Closed: August 20, 2003

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 90th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Jordan Barbuto, Christophe Barry, John Cocchi, Michael Culkin, Daniel Dooley, Zoilo Encarnacion, Robert Giarraputo, Michael Hendriks, James King, Patrick Lantry, Kevin Mcmillan, Edward Ng, Haaziq Reid, Brian Singer