Complaint #200601359,
January 26, 2006

Officer: Downes, Sean
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer: Downes, Sean
Complainant: Black Male, 27
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Mulhearn, Edward
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Mulhearn, Edward
Complainant: Black Male, 27
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Mulhearn, Edward
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mulhearn, Edward
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Downes, Sean Abuse of Authority: Gun Drawn Exonerated
Downes, Sean Black Male, 27 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Mulhearn, Edward Black Male, 27 Discourtesy: Word Exonerated
Mulhearn, Edward Black Male, 27 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Mulhearn, Edward Black Male, 27 Force: Physical force Exonerated
Mulhearn, Edward Abuse of Authority: Gun Drawn 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.
'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 January 26, 2006 at approximately 1:30 a.m., [redacted] was driving a white Jeep Cherokee on Crystal Street in Brooklyn. He was on his way to ensure that his tractor-trailer, which was parked on Liberty Avenue, was properly locked. As he waited at the red light on Crystal Street he observed that the traffic light on Liberty Avenue was also red. [redacted] determined that the light was damaged and made a left turn at the red light onto Liberty Avenue. Upon reaching the end of Liberty Avenue, [redacted] made an illegal U-turn in order to park directly behind the tractor-trailer. When he opened the door to his vehicle he noticed a black unmarked vehicle parked in the middle of the street. PO #1, identified as PO Edward Mulhearn and PO # 2, identified as Sgt. Sean Downes both of the 75th Precinct, exited the vehicle and allegedly approached [redacted] with their guns drawn (Allegations A and B). Throughout the course of the incident, PO Mulhearn allegedly said, "Turn off your fucking vehicle and get out," "Shut the fuck up," and "What the fuck is your problem? Put your fucking hands behind your back" (Allegation C). PO Mulhearn allegedly placed his right hand on [redacted] left arm, pulled him out of the vehicle and then pushed him in his chest (Allegations D). Sgt. Downes allegedly removed a silver rod from his belt, extended it in his hand, and said to [redacted] "Either one way or the other you are going to put your hands behind your back" (Allegation E). An unidentified officer, PO # 3, arrived at the scene for two minutes to make sure PO Mulhearn and Sgt. Downes had everything under control. When PO # 3 left the scene, PO Mulhearn attempted to handcuff [redacted] and allegedly said, "You are lucky the other officer was passing by because I would have broken your fucking arm" (Allegation F). Read report for details.


Details

Incident: January 26, 2006
Closed: September 15, 2006

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime