Complaint #200515485,
December 28, 2005

Officer: Charles, Erick
Complainant: Black Male, 25
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Smith, Patrick
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Charles, Erick
Complainant: Black Male, 25
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Charles, Erick Black Male, 25 Force: Hit against inanimate object Unsubstantiated
Smith, Patrick Black Male, 25 Force: Physical force Unsubstantiated
Charles, Erick Black Male, 25 Force: Chokehold Unsubstantiated

Conclusion Meanings:

'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 December 28, 2005, at approximately 10:45am [redacted] was arrested by PO Frank Gonzalez for possessing a forged 20 day temporary New Jersey registration on his vehicle. [redacted] was taken to the 69th Precinct where he placed in a holding cell to await transportation to central booking. While in the cell [redacted] became loud and boisterous and was yelling loud enough for everyone in the precinct to hear. [redacted] was yelling, "Why does he remember me from 11 years ago, you're a loser, what type of people do things like this, this is harassment" in reference to PO Gonzalez making a comment to him about remembering him from High School. [redacted] was asked numerous times to calm down but he did not, prompting Lt. Clint McPherson to order that [redacted] be transported immediately to central booking. Lt. McPherson asked PO Erick Charles and PO Patrick Smith to carry out this task. PO Charles and PO Smith removed [redacted] from his cell and escorted him out the back door of the precinct to a police car. [redacted] alleged that PO Charles then slammed him stomach first against the back of the police car (Allegation A) and then grabbed him around the throat, placing him into a chokehold (Allegation B). [redacted] stated that at this point his pants fell down around his ankles making it difficult for him to get into the police car. [redacted] could not pick his pants up on his own and PO Charles and PO Smith allegedly refused to assist him. Seeing that PO Charles was having difficulty placing [redacted] into the car PO Smith approached [redacted] grabbed him by the handcuffs and dragged him backward into the precinct (Allegation C). [redacted] alleged that while he was being dragged his left shoulder struck a metal mailbox, that was located between the back door of the precinct and the holding cell, causing an abrasion to the back of his left shoulder. [redacted] was placed back into the holding cell and Lt. McPherson called ESU and an ambulance to the scene. ESU arrived and placed [redacted] into a "wrap"... Read report for details.


Details

Incident: December 28, 2005
Received: December 30, 2005
Closed: August 11, 2006

Reason for contact: Other violation of VTL
Location: Police building
In NYPD 69th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Clint Mcpherson