Complaint #200403231,
April 3, 2004

Officer: Riley, Thomas
Complainant: Black Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Velez, Marcy
Complainant: Black Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Hamm, Yuseff
Complainant: Black Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Riley, Thomas
Complainant: Black Male, 43
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Iturralde, Rafael
Complainant: Black Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Carbonell, Rolando
Complainant: Black Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Riley, Thomas Black Male, 43 Force: Physical force Exonerated
Velez, Marcy Black Male, 43 Force: Physical force Unfounded
Hamm, Yuseff Black Male, 43 Force: Physical force Exonerated
Riley, Thomas Black Male, 43 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Iturralde, Rafael Black Male, 43 Force: Physical force Exonerated
Carbonell, Rolando Black Male, 43 Force: Physical force 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

At approximately 4:10 PM on April 3, 2004, [redacted] was walking on Amsterdam Avenue with his girlfriend [redacted] As they were walking, an unidentified male made a comment to [redacted] [redacted] had his back turned at the time, but stated that [redacted] seemed disturbed by the comment. [redacted] then began to approach the male, but stated as he was walking toward him approximately six police cars "came out of nowhere," and eight uniformed officers demanded that [redacted] get against the wall, and pushed him against the wall. [redacted] stated he did not know why the officers stopped him.
[redacted] stated that the officers threw him down on the sidewalk, put a nightstick around his neck, put his arms behind his back and handcuffed him. [redacted] stated all of the officers were on top of him. As this was transpiring, [redacted] was telling the officers that [redacted] did not do anything, and that they had the wrong person. [redacted] was then placed in a patrol car and taken to the 26th precinct. [redacted] stated that at least 15 minutes passed from the time the police initially stopped him to the time he was placed in the patrol car. Upon questioning, [redacted] stated that he was not at a Blockbuster Video store at anytime before the police arrived. [redacted] identified PO Marcy Velez and PO Thomas Riley as two of the officers who used force against him by their shield numbers. [redacted] also stated that PO Riley was making threatening gestures towards him on the scene with pepper spray in his hand.
[redacted] stated that he was in the precinct for 30 minutes before he was informed why he was arrested. [redacted] stated that he was arrested [redacted] He stated that he was not disorderly, nor did he resist the officers at any time, during the incident. [redacted] was then taken to [redacted] [redacted] stated that he did not want to go to the hospital, but was forced to. [redacted] asked the officers to allow him to sign a paper saying he did not want to go to the hospital, but this was not given... Read report for details.


Details

Incident: April 3, 2004
Received: April 9, 2004
Closed: May 6, 2005

Reason for contact: Other
Location: Street/highway
In NYPD 26th Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: Thomas Bonaro, Diana Luke