Complaint #200512602,
October 19, 2005

Officer: Unknown Officer
Complainant: Female, 25-29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Fabara, Carlos
Complainant: Black Male, 19
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Robinson, Thomas
Complainant: Female
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Robinson, Thomas
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Konoski, Eric
Complainant: Black Male, 19
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fabara, Carlos
Complainant: Black Male, 19
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Fabara, Carlos
Complainant: Black Male, 19
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Konoski, Eric
Complainant: Black Male, 19
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Florio, John
Complainant: Black Male, 19
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Female, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Robinson, Thomas
Complainant: Female
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Female, 25-29 Abuse of Authority: Refusal to provide name/shield number Alleged Victim Uncooperative
Fabara, Carlos Black Male, 19 Abuse of Authority: Question and/or stop Exonerated
Robinson, Thomas Female Abuse of Authority: Threat of arrest Exonerated
Robinson, Thomas Female Discourtesy: Word Unfounded
Konoski, Eric Black Male, 19 Force: Physical force Exonerated
Fabara, Carlos Black Male, 19 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Fabara, Carlos Black Male, 19 Force: Physical force Exonerated
Konoski, Eric Black Male, 19 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Florio, John Black Male, 19 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Unknown Officer Female, 25-29 Discourtesy: Word Alleged Victim Uncooperative
Robinson, Thomas Female Abuse of Authority: Refusal to provide name/shield number Alleged Victim Uncooperative

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.
'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

[redacted] was interviewed at [redacted] on January 5, 2006 (enc.12a-c). [redacted] stated that on October 19, 2005 at approximately 6:00PM, he was walking to his building located at [redacted] from his friend's house. [redacted] was wearing a beige hoodie, jeans and denied that he was carrying anything other than his keys. [redacted] later stated that he was carrying a .25 Caliber which was concealed in his right pants pocket. [redacted] denied that he reached for his pocket and did not place his hands in his pocket. [redacted] added that he found the gun on his way home from his friend's house, 2 blocks away from his building and was eventually going to take it to the precinct in exchange for a reward.
As [redacted] approached his block, he noticed a black impala driving on [redacted] As [redacted] entered the building, PO1 (identified as Sgt. Carlos Fabara during the CCRB investigation) who was with PO Konoski and PO3 (identified as PO John Florio during CCRB investigation) approached him and said, "Yo!" At this point, [redacted] did not know that the males were officers (no badges displayed) so he started to run towards the elevator. The officers did not instruct [redacted] to stop and did not ask him for his ID. Sgt. Fabara then ran towards [redacted] leaped on him from behind, tackled him to the ground, causing him to sustain an injury to the top of his right eyebrow as his head hit the marble floor. Sgt. Fabara proceeded to punch him in the head with a closed fist while he was on top of [redacted] When [redacted] asked the officers why they were hitting him, they told him to "shut up." PO Konoski then elbowed [redacted] back as he lay facedown. PO Konoski might have also punched [redacted] but he wasn't positive being that the officers were behind him. Sgt. Fabara then displayed his badge and handcuffed [redacted] [redacted] asked the three officers for their badge numbers but they all told him to "Shut up." [redacted] sustained two scratches on his right shoulder during the course of his arrest.... Read report for details.


Details

Incident: October 19, 2005
Received: October 20, 2005
Closed: December 4, 2006

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Arkmeek Hunter