Complaint #200307708,
September 27, 2003

Officer: Kelly, Thomas
Complainant: Black Male, 21
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Kelly, Thomas
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Kelly, Thomas
Complainant: Black Male, 21
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Exonerated
Officer: Kelly, Thomas
Complainant: Black Male, 21
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Unsubstantiated
Officer: Milmore, Edward
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Lara, Victor
Complainant: Black Male, 21
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Lara, Victor
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Isaias
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Kelly, Thomas
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Kelly, Thomas Black Male, 21 Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Kelly, Thomas Black Male, 21 Force: Physical force Unsubstantiated
Kelly, Thomas Black Male, 21 Abuse of Authority: Retaliatory arrest Exonerated
Kelly, Thomas Black Male, 21 Abuse of Authority: Retaliatory arrest Unsubstantiated
Milmore, Edward Black Male, 21 Force: Physical force Unsubstantiated
Lara, Victor Black Male, 21 Force: Pepper spray Exonerated
Lara, Victor Black Male, 21 Force: Physical force Unsubstantiated
Rivera, Isaias Black Male, 21 Force: Physical force Unsubstantiated
Kelly, Thomas Black Male, 21 Force: Physical force Unsubstantiated

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Kelly, Thomas
No Disciplinary Action-DUP
No penalty

Details

Incident: September 27, 2003
Received: October 1, 2003
Closed: July 16, 2004

Reason for contact: Other
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: John Mccluskey, Christopher Mcgee, John Oconnor