Complaint #200205640,
August 17, 2002

Officer: Nyhus, Brian
Complainant: Black Male, 43
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Nyhus, Brian Black Male, 43 Abuse of Authority: Threat of arrest 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], a [redacted] year old [redacted] residing in Virginia, was interviewed via telephone on October 29, 2002 (see enc. 6A-B). [redacted] stated that on August 13, 2002, he came to New York to check on his grandmother's estate. [redacted]'s grandmother had owned a house located at [redacted] in Brooklyn. There is an elderly man who lives in the residence, who collects the tenants' rents and takes care of the property. [redacted] had heard that people were not paying the rent and that the property was not being kept. When [redacted] arrived in New York, he realized that there were approximately eight men living in the building that were not paying rent. [redacted] also saw that there were numerous people who came in and out of the building, who were not residents of the building. In order to determine who was a resident of the building and who was actually a tenant, [redacted] decided to change the lock on the outside door of the building. While he changed the lock, he did not lock the door. It was [redacted]'s idea that when the tenants came to pay their rent, they would get a key to the front door, and he could then know who the residents were. [redacted] changed the lock in the afternoon on August 16, 2002.
At approximately 12:30 AM, [redacted] was outside of the location sweeping the sidewalk. While doing this, two residents of the building - [redacted] and [redacted] were sitting on the stoop. [redacted] stated that he had seen [redacted] and [redacted] smoking marijuana inside the building and also had knowledge that they were selling marijuana. There is also a crack dealer who lives on the premises.
While [redacted] and [redacted] were outside, a patrol car arrived on the scene. PO Nyhus (identified through IAB) and PO Guptar then approached [redacted]. [redacted] obtained PO Guptar's name, because PO Guptar responded to the location on August 19th, for a separate incident in which a resident threatened [redacted]. The officers asked for [redacted] and [redacted] identified himself. [redacted]... Read report for details.


Details

Incident: August 17, 2002
Received: August 23, 2002
Closed: January 28, 2003

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 88th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Dale Guptar