Complaint #200400928,
January 29, 2004

Officer: Cherry, Patrick
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Substantiated (Charges)
Officer: Cherry, Patrick
Complainant: Black Male, 26
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Cherry, Patrick
Complainant: Black Male, 26
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Dalessandro, Jason
Complainant: Male
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Cherry, Patrick
Complainant: Black Male, 26
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Substantiated (Charges)
Officer: Dalessandro, Jason
Complainant: Male
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Cherry, Patrick Black Male, 26 Abuse of Authority: Frisk and/or search Substantiated (Charges)
Cherry, Patrick Black Male, 26 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Cherry, Patrick Black Male, 26 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Dalessandro, Jason Male Abuse of Authority: Frisk and/or search Alleged Victim Uncooperative
Cherry, Patrick Black Male, 26 Abuse of Authority: Question and/or stop Substantiated (Charges)
Dalessandro, Jason Male Abuse of Authority: Question and/or stop Alleged Victim Uncooperative

Conclusion Meanings:

'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.


Summary

On January 29, 2004, [redacted] was on his way to visit the house of his sister, [redacted] As he walked towards [redacted]s house, he saw his cousin, [redacted] and [redacted]s cousin, [redacted] walking towards him. The three of them stopped to talk on the corner of Bristol Street and Dumont Street and, as there was snow on the sidewalk, the three of them stood on the shoulder of the street. After about 5-10 minutes, a black Impala drove up and an officer, PO1, asked them, "What are you doing?" The three men answered, "Nothing. Just talking." PO1 said, "Talking in the middle of the street?" [redacted] said, "We're not in the middle of the street." PO1 jumped out of the car and put his hands into [redacted]s coat pockets (Allegation A & B). In his telephone account [redacted] stated that PO1 pushed him against the car before he tried to search him. In his interview statements [redacted] claimed that he pulled away and said, "You ain't got probable cause to be going into my pockets." PO1 said, "Oh, you want to be a tough guy?" [redacted] said, "I know my rights." PO1 said, "You don't know nothing." PO1 put one hand on [redacted]s left waist and one hand on his back and pushed [redacted] face first into the patrol car (Allegation A). PO1 tried to put his hands in [redacted]s pockets and [redacted] kept turning around to keep PO1 from doing so. [redacted] continued to assert that PO1 was violating his rights. PO1 said, "If you move again, I'm going to bash your face into the hood" (Allegation C). [redacted] said, "You're just going to have to bang my face into the hood." PO1 continued to threaten to bash [redacted]s face and since PO1 refused to let him go, [redacted] let PO1 put his hands in his coat pockets (Allegation B). During this time, PO2 exited the car and patted [redacted]s and [redacted]s pants and coat pockets (Allegation D & E). [redacted] asked for PO1's badge and PO1 showed his badge and said, "Stupid, stupid." [redacted] said, "I'm going to file a complaint. You're a stupid mother fucker."... Read report for details.


Details

Incident: January 29, 2004
Closed: October 28, 2004
Last Updated: December 11, 2024

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: No arrest made or summons issued