| Officer: | Carbonell, Rolando |
|---|---|
| Complainant: | Black Male, 49 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Burns, Stephen |
| Complainant: | Black Male, 49 |
| Allegation: | Abuse of Authority: Question and/or stop |
| CCRB Conclusion: | Exonerated |
| Officer: | Burns, Stephen |
| Complainant: | Black Male, 49 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Burns, Stephen |
| Complainant: | Black Male, 49 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Burns, Stephen |
| Complainant: | Black Male, 49 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unsubstantiated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Carbonell, Rolando | Black Male, 49 | Abuse of Authority: Threat of arrest | Unsubstantiated |
| Burns, Stephen | Black Male, 49 | Abuse of Authority: Question and/or stop | Exonerated |
| Burns, Stephen | Black Male, 49 | Force: Physical force | Unsubstantiated |
| Burns, Stephen | Black Male, 49 | Abuse of Authority: Threat of arrest | Unsubstantiated |
| Burns, Stephen | Black Male, 49 | Discourtesy: Word | Unsubstantiated |
Further details on conclusions.
On September 29, 2004, at approximately 10:45PM while exiting Morningside Park, he was stopped by three plainclothes officers, namely, PO Rolando Carbonell, Sgt. Stephen Burns, and PO Rafael Iturralde (Allegations A). The three officers exited their unmarked vehicle and called [redacted] over to them. PO Carbonell asked [redacted] for identification and told him that he was not supposed to be in the park after 10:00PM, because it was closed. When [redacted] refuted the assertion that the park was closed, PO Carbonell told him that he was trespassing and that he could be given a summons or be arrested for being there (Allegation B). When [redacted] alerted the officers that there were other people in the park of "European descent," and asked why they were not being stopped, Sgt. Burns said to [redacted] "Well now you're talking about race you stupid fuck, you "motherfucking asshole" (Allegation C). I'm going to throw you in jail if you say another word" (Allegation D). [redacted] was then issued a summons for [redacted] by PO Carbonell. As [redacted] began to walk out of the park, Sgt. Burns walked up behind him and began to jostle and push up against him with his chest, and to rub his handcuffs together; opening and closing them in what he deemed a threatening manner (Allegation E). With Sgt. Burns walking behind him, [redacted] eventually exited Morningside Park and proceeded on his route home. Read report for details.