Complaint #200405915,
June 19, 2004

Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Mccarthy, Kevin
Complainant: Black Male, 21
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Mccarthy, Kevin
Complainant: Black Male, 21
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Shea, Dermot
Complainant: Black Male, 21
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Fogarty, Sean
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fogarty, Sean
Complainant: Black Male, 21
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 21-24 Abuse of Authority: Property damaged Officer(s) Unidentified
Mccarthy, Kevin Black Male, 21 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Mccarthy, Kevin Black Male, 21 Force: Gun Pointed Unsubstantiated
Shea, Dermot Black Male, 21 Abuse of Authority: Vehicle stop Exonerated
Fogarty, Sean Black Male, 21 Force: Physical force Exonerated
Fogarty, Sean Black Male, 21 Abuse of Authority: Vehicle 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 June 19, 2004, at approximately 11:00 PM, [redacted] was pulling out of a parking space near the intersection of Hicks St. and Corsa Ave. in the Bronx. An unmarked police car occupied by Capt. Dermott Shea, PO Kevin McCarthy and PO Sean Fogarty pulled up beside him (Allegation A). PO McCarthy allegedly pointed his gun at [redacted] (Allegation B), at which point he became afraid and fled the scene. The police vehicle caught up with [redacted] several blocks later. PO Fogarty pulled [redacted] from the car and placed him in handcuffs (Allegation C). [redacted] tried to explain what had happened, but PO McCarthy threatened to punch him if he did not stop laughing (Allegation D). After [redacted] was in handcuffs, he was placed in the back of the police car and, from there, saw PO Fogarty search his car (Allegation E). PO Fogarty drove the car back to the 47 Pct. stationhouse while [redacted] was driven in the police car. At the stationhouse, [redacted] received summonses [redacted]. These summonses were later dismissed because they were defective. When [redacted] returned to his car, he noticed that the radio had been damaged and the rear driver side seat had been ripped (Allegation F). He then went to the hospital to obtain medical treatment for general body pain and a flare-up of his sickle cell disease. Although [redacted] expressed some interest in suing the city, he did not file a notice of claim within ninety days of the incident. Read report for details.


Details

Incident: June 19, 2004
Received: June 20, 2004
Closed: August 11, 2005

Reason for contact: Parking violation
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: Arrest - disorderly conduct

Witness Officers: Peter Fiorillo, Sean Lynch