Complaint #200400691,
December 4, 2003

Officer: Occhipinti, John
Complainant: Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Messina, Gary
Complainant: Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Messina, Gary
Complainant: Male, 40
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Messina, Gary
Complainant: Male, 40
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Messina, Gary
Complainant: Male, 40
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Occhipinti, John Male, 40 Force: Physical force Exonerated
Messina, Gary Male, 40 Force: Physical force Exonerated
Messina, Gary Male, 40 Abuse of Authority: Question and/or stop Exonerated
Messina, Gary Male, 40 Abuse of Authority: Refusal to provide name/shield number Unfounded
Messina, Gary Male, 40 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

On December 4, 2003, at approximately 12:45 PM, [redacted] was inside [redacted] a residential building. [redacted] alleged that LT Messina and PO Occhipinti entered the building, stopped and questioned him (Allegation A, [redacted]). A physical altercation ensued, in which [redacted] alleged that the officers grabbed him, threw him onto the ground and jumped on him (Allegations B and C, [redacted]). [redacted] was then handcuffed and searched (Allegation D, exonerated). [redacted] was arrested for criminal trespassing and resisting arrest. He was brought to the stationhouse, where he asked LT Messina for his name and shield number, which LT Messina refused to provide (Allegation E, [redacted]). Read report for details.


Details

Incident: December 4, 2003
Received: January 22, 2004
Closed: June 4, 2004

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 101st Precinct Queens
Outcome: Arrest - resisting arrest