Complaint #200512451,
October 17, 2005

Officer: Smith, Patrick
Complainant: Black Male, 27
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Smith, Patrick
Complainant: Black Male, 27
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Smith, Patrick
Complainant: Black Male, 27
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Smith, Patrick
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: Instructions
Officer: Mchenry, Brian
Complainant: Black Male, 27
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Smith, Patrick Black Male, 27 Force: Gun Pointed Unsubstantiated
Smith, Patrick Black Male, 27 Abuse of Authority: Vehicle stop Unsubstantiated
Smith, Patrick Black Male, 27 Abuse of Authority: Vehicle search Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Smith, Patrick Black Male, 27 Discourtesy: Word Substantiated (Charges)
NYPD Disposition: Instructions
Mchenry, Brian Black Male, 27 Abuse of Authority: Vehicle stop Unsubstantiated

Conclusion Meanings:

'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.


Penalty

Smith, Patrick
Instructions

Summary

At approximately 11:00pm on October 17, 2005, [redacted] was in his 2004 navy blue Nissan Maxima, driving west on [redacted] in Brooklyn. As he was driving, he came to a 4-way stop sign at the intersection of [redacted] and [redacted] and he stopped completely at this sign before continuing west on [redacted] He came to a traffic light at the intersection of [redacted] and [redacted] Because the light was green, he went through the intersection and made a right turn, proceeding north on [redacted] When he came to the next intersection at [redacted] and [redacted] he reached a red light, and brought his car to a stop. While he was waiting for the light to turn green, [redacted] noticed "red lights flashing" outside his car. He looked in his mirror and saw a gray or black Chevrolet Impala with a flashing red light on the dashboard. Then, the traffic light turned green, and [redacted] went through the intersection and pulled over to the side of the road. As he did so, the vehicle behind him turned on its siren. In total, from the time he first saw the flashing red lights to when he pulled over his car, he drove a total of about "30 feet.” After he pulled over, the Impala drove up directly behind him.
An officer (identified as PO Patrick Smith of the 69th Precinct) emerged from the Impala's driver side door and approached [redacted] driver side door. PO Smith had his gun drawn, and was holding it with both hands, pointing it at [redacted] when he approached the vehicle. PO Smith told [redacted] to get out of the car, but [redacted] did not respond immediately. Again, PO Smith told [redacted] to get out of the car, and [redacted] did so. PO Smith told [redacted] to "go to the back of the car," and [redacted] complied, placing his hands on the trunk of his car, as per PO Smith's instruction. Then, a second officer (identified as PO Brian McHenry) exited the Impala's passenger side door and stood behind [redacted] PO Smith then began to search [redacted] vehicle. He opened the glove compartment and then checked under... Read report for details.


Details

Incident: October 17, 2005
Received: October 18, 2005
Closed: February 3, 2006

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 69th Precinct Brooklyn
Outcome: Moving violation summons issued