Complaint #200502214,
February 22, 2005

Summary

[redacted] stated that on the afternoon of February 22, 2005, he and his friend, [redacted], were standing on the corner of East 125th Street and Lexington Avenue waiting for a friend at the train station. [redacted] described [redacted] as an acquaintance that he has known for one month from the neighborhood. As they stood on the street, [redacted] was talking to females and borrowed [redacted]'s cell phone to record the females' telephone numbers. In the five minutes that [redacted] and [redacted] stood there, [redacted] recorded two telephone numbers. A passerby, upon exiting the train station, asked if anyone was selling loose cigarettes, and [redacted] sold him two cigarettes for a dollar. [redacted] maintained, however, that [redacted] was not selling cigarettes. Lieutenant Michael Licitra and Officer Gregory Greiner approached [redacted] and questioned him about being a cigarette vendor. Although [redacted] denied being a vendor, the officers ordered [redacted] to place his hands in the air while Officer Greiner conducted a search of [redacted]. During the search Officer Greiner took [redacted]'s cell phone from [redacted]. Lieutenant Licitra placed [redacted] in handcuffs and Officer Greiner led him away.
[redacted] asked Lieutenant Licitra, who now had possession of the cell phone, for the return of his property, but Lieutenant Licitra said, "Hell no, you're not getting your phone. We're going to take it." When [redacted] repeated his request, Lieutenant Licitra put him against the back of a bus and called for assistance. Lieutenant Licitra asked [redacted] to turn around and placed his hands behind his back, but [redacted] refused because he did not believe that the officer had "reasonable cause" to arrest him. [redacted] alleged that Lieutenant Licitra wrapped his hands around his neck and swung him to the ground. [redacted] told Lieutenant Licitra, "Okay, put the handcuffs on," and was placed in handcuffs. [redacted] denied struggling with Lieutenant Licitra.
Lieutenant Christopher Schmidt and... Read report for details.