Complaint #200500348,
January 6, 2005

Officer: Kearns, Jamesrus
Complainant: Hispanic Male, 49
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Kearns, Jamesrus
Complainant: Hispanic Male, 49
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Charges)
Officer: Srour, Filastine
Complainant: Hispanic Male, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Srour, Filastine
Complainant: Hispanic Male, 49
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Srour, Filastine
Complainant: Hispanic Male, 49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Srour, Filastine
Complainant: Hispanic Male, 49
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Kearns, Jamesrus
Complainant: Hispanic Male, 49
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Srour, Filastine
Complainant: Hispanic Male, 49
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Kearns, Jamesrus Hispanic Male, 49 Abuse of Authority: Question and/or stop Exonerated
Kearns, Jamesrus Hispanic Male, 49 Abuse of Authority: Retaliatory summons Substantiated (Charges)
Srour, Filastine Hispanic Male, 49 Discourtesy: Word Substantiated (Charges)
Srour, Filastine Hispanic Male, 49 Abuse of Authority: Question and/or stop Exonerated
Srour, Filastine Hispanic Male, 49 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Srour, Filastine Hispanic Male, 49 Abuse of Authority: Other Substantiated (Charges)
Kearns, Jamesrus Hispanic Male, 49 Abuse of Authority: Other Substantiated (Charges)
Srour, Filastine Hispanic Male, 49 Abuse of Authority: Refusal to provide name/shield number Substantiated (Charges)

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.
'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.


Penalties

Srour, Filastine
Instructions

Kearns, Jamesrus
Instructions

Summary

On January 6, 2005 at approximately 5:50PM [redacted] was returning from Penn Station where he had picked up his wife, [redacted] from work. He opened the door to the front of [redacted] with his key. Two uniformed police officers, a male and a female officer were in the building. The building has 2 entrances. [redacted] and his wife went to the right side where the south entrance is. The female officer asked, "Do you live here?" [redacted] responded, "Yes, I live here." He then turned to his wife and said in Spanish, "Do you believe this? I open the door and they ask me if I live here?" The female officer said to him. "I'm the police. Show me some I.D.." [redacted] said, "Lady I don't have to show you I.D. because I'm not driving a car." She said, "Fuck you, I'm the police. You have to show me id." [redacted] said, "I don't have to show you id because I live here. If you want to follow me to my apartment be my guest, follow me."
[redacted] and the male and female officer took the elevator to the floor. When they got to his apartment they told him that he was going to be arrested. The officers told him, "Come outside your going to be arrested." The female officer cursed at [redacted] in front of his mother. She said, "Fuck you." The female officer took out her asp and told [redacted] that she was going to hit him with it. She said, "Shut up or I'll hit you." [redacted] offered his hands to be handcuffed and never raised his voice or swore. [redacted] never made physical contact with the officers. His neighbor came out of apartment numbers and asked [redacted] what was going on. [redacted] told him that the police didn't think he lived there and the neighbor told the officers that he did. When they got outside, the officers went into [redacted] pockets. They called for a car and a van arrived. When they got to the stationhouse, [redacted] was given a summons for disorderly conduct. He asked the female officer for her name but she would not give it to him. [redacted] described the female officer as white,... Read report for details.


Details

Incident: January 6, 2005
Received: January 11, 2005
Closed: December 27, 2005

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 52nd Precinct Bronx
Outcome: Summons - disorderly conduct