| Officer: | Miraglia, Daniel |
|---|---|
| Complainant: | Hispanic Male, 17 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Rosa, Andre |
| Complainant: | Hispanic Male, 20 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer: | August, Simon |
| Complainant: | Hispanic Male, 20 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer: | Phelan, Kevin |
| Complainant: | Hispanic Male, 20 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer: | Unknown Officer |
| Complainant: | Hispanic Male, 15-17 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Officer(s) Unidentified |
| Officer: | Earley, David |
| Complainant: | Hispanic Male, 17 |
| Allegation: | Abuse of Authority: Property damaged |
| CCRB Conclusion: | Exonerated |
| Officer: | Champion, Brian |
| Complainant: | Hispanic Male, 17 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Earley, David |
| Complainant: | Hispanic Male, 17 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Unsubstantiated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Miraglia, Daniel | Hispanic Male, 17 | Force: Physical force | Unsubstantiated |
| Rosa, Andre | Hispanic Male, 20 | Force: Physical force | Exonerated |
| August, Simon | Hispanic Male, 20 | Force: Physical force | Exonerated |
| Phelan, Kevin | Hispanic Male, 20 | Force: Physical force | Exonerated |
| Unknown Officer | Hispanic Male, 15-17 | Abuse of Authority: Threat of force (verbal or physical) | Officer(s) Unidentified |
| Earley, David | Hispanic Male, 17 | Abuse of Authority: Property damaged | Exonerated |
| Champion, Brian | Hispanic Male, 17 | Force: Physical force | Unsubstantiated |
| Earley, David | Hispanic Male, 17 | Force: Physical force | Unsubstantiated |
Further details on conclusions.
[redacted] is a 5'9", 136 pound, [redacted]-old, Hispanic male with black hair and black eyes. On [redacted], visited [redacted] (Encl.28A-) and complained of lower back pain. [redacted] said that two weeks prior to the visit, he and a friend were stopped by officers and beaten up "all over." On [redacted], had a follow-up visit. (Encl. 28B) He told his doctor that he was experiencing headaches which started after he was stopped and assaulted by officers. [redacted] added that he was thrown onto his back and kicked in his back. [redacted] said that his head and back pain improved.
On August 25, 2004, the undersigned contacted [redacted] at which time he provided a brief statement (encl.8) [redacted] (encl. 9A-C). The only difference was his claim that three plainclothes officers approached the vehicle after they stopped and assaulted him. His statements are summarized below.
On July 8, 2004, at 3:45am, [redacted] was driving [redacted] home in their shared 1987 brown Acura Legend. [redacted] drove down Atlantic Avenue and stopped at a red light on Fulton Street when he noticed a patrol vehicle with two uniformed White male officers, PO 1 and PO 2 behind him. [redacted] woke [redacted] and told him that he was being followed. There was a community service warrant out for [redacted] so he drove away. [redacted] began speeding and committed various traffic infractions. He also drove on the sidewalk in an attempt to evade the officers. The officers requested back up and numerous officers joined in the pursuit. The officers chased them for approximately a half-hour and stopped them on Lincoln Avenue, which is a one way street between Jamaica Avenue and Edna Street. [redacted] admitted that [redacted] was drunk, but insisted that [redacted] fled because he was scared, not because he was intoxicated. [redacted] had also been drinking.
[redacted] left the vehicle and ran into a building. PO 1, PO 2 and another uniformed officer, PO 3, followed [redacted] [redacted] later told [redacted] that the officers stopped him...
Read report for details.