Complaint #200510629,
September 6, 2005

Officer: Obrien, Michael
Complainant: Hispanic Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Brienza, Jeffrey
Complainant: Hispanic Male, 23
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Exonerated
Officer: Brienza, Jeffrey
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Offensive Language: Ethnicity
CCRB Conclusion: Officer(s) Unidentified
Recategorized as: Offensive Language: Other
Officer: Brienza, Jeffrey
Complainant: Hispanic Female, 42
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Brienza, Jeffrey
Complainant: Hispanic Male, 46
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Obrien, Michael Hispanic Male, 23 Discourtesy: Word Unsubstantiated
Brienza, Jeffrey Hispanic Male, 23 Force: Physical force Exonerated
CCRB Investigator Recommendation: Unsubstantiated
Brienza, Jeffrey Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Unknown Officer Hispanic Male, 21-24 Offensive Language: Ethnicity Officer(s) Unidentified
Recategorized as Offensive Language: Other on December 9, 2024
Brienza, Jeffrey Hispanic Female, 42 Force: Physical force Substantiated (Charges)
Brienza, Jeffrey Hispanic Male, 46 Force: Physical force Unsubstantiated

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

On September 6, 2005 at approximately 1:15 a.m., [redacted] arrived at his parents' apartment, located at [redacted], in Brooklyn. Someone banged on the door and [redacted]'s parents, [redacted] and [redacted] answered it. Lt. Jeffrey Brienza was at the door along with other officers. Lt. Brienza asked for [redacted] because someone called the police alleging that [redacted] harassed him and violated an order of protection. [redacted] refused to leave the apartment. He heard PO Michael O'Brien say, "Don't fucking go anywhere" (Allegation A). While [redacted] and his parents were talking to the officers at the doorway, Lt. Brienza attempted to grab [redacted]'s shirt. As a result, [redacted] retreated into the apartment and the officers followed (Allegation B). [redacted] stated that because [redacted] was standing in front of her, the officers pushed him first (Allegation C) when they entered. She heard Lt. Brienza order PO O'Brien to push her to the floor, which he did (Allegation D). All of the officers rushed into the apartment. [redacted] heard PO O'Brien say to [redacted] "Shut the fuck up, you little bitch" (Allegation A), and she saw PO O'Brien punch [redacted] in the face. [redacted] stated that many officers punched and kicked him (Allegation E) and an officer called him a "spic" (Allegation F). Read report for details.


Details

Incident: September 6, 2005
Received: September 9, 2005
Closed: March 1, 2007
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 94th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Jeffrey Brezinski, Michael Guida, Carlos Naranjo