Complaint #200509886,
August 20, 2005

Officer: Hayward, Joseph
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Hayward, Joseph
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer Allegation CCRB Conclusion
Hayward, Joseph Discourtesy: Word Unfounded
Hayward, Joseph Abuse of Authority: Other 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

[redacted] saw Sgt. Hayward sitting in a marked vehicle outside of his building. He approached Sgt. Hayward's vehicle and explained his concerns regarding [redacted]'s harassment. After 3 or 4 minutes, [redacted] came out of the building. PO Feduniak and PO Menzies also drove up in a police car. PO Feduniak and PO Menzies got out of their vehicle and [redacted] spoke with them. Sgt. Hayward then got out of his vehicle and spoke with [redacted] before he went over to talk to the other officers and [redacted]. Sgt. Hayward, [redacted] and the two other officers then talked together next to the other officers' police vehicle. [redacted] stated that when Sgt. Hayward came back from talking to [redacted] he was "combative" and "aggressive." [redacted] stated that he "saw Jim Crow" that day, referring to his belief that Sgt. Hayward was racist and trying to "incite [redacted] to riot." Sgt. Hayward stood about a foot away from [redacted] which [redacted] felt was too close, and asked him, "Have you ever been locked up in a mental institution?" and "Are you mental?" Sgt. Hayward continued to ask him questions about his mental state, and asked "What kind of mental condition do you have?" Sgt. Hayward then stated, "You either walk away, or I'm gonna lock you up in a mental ward." At this point, [redacted] walked away. During his CCRB interview, [redacted] refused to answer questions regarding his psychiatric history or condition and stated that he was not allowed to be asked those types of questions. Read report for details.


Details

Incident: August 20, 2005
Received: August 24, 2005
Closed: May 12, 2006

Reason for contact: C/V requested investigation of crime
Location: Residential building
In NYPD 103rd Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Michael Feduniak, Andre Menzies