Complaint #200601534,
February 4, 2006

Officer: Florio, John
Complainant: Black Male, 46
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Handelsman, Matthew
Complainant: Black Male, 46
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Fabara, Carlos
Complainant: Black Male, 46
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Fabara, Carlos
Complainant: Black Male, 46
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Florio, John
Complainant: Black Male, 46
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Florio, John
Complainant: Black Male, 46
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Handelsman, Matthew
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Fabara, Carlos
Complainant: Black Male, 46
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Fabara, Carlos
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Florio, John Black Male, 46 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Handelsman, Matthew Black Male, 46 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Fabara, Carlos Black Male, 46 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Fabara, Carlos Black Male, 46 Abuse of Authority: Question and/or stop Exonerated
Florio, John Black Male, 46 Abuse of Authority: Search (of person) Exonerated
Florio, John Black Male, 46 Force: Hit against inanimate object Exonerated
Handelsman, Matthew Force: Hit against inanimate object Exonerated
Fabara, Carlos Black Male, 46 Force: Hit against inanimate object Exonerated
Fabara, Carlos Force: Hit against inanimate object Unfounded

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.

Further details on conclusions.


Summary

On February 4, 2006, [redacted] was walking on Beach 45th Street at which time Sgt. Carlos Fabara approached him and asked him if he had any weapons on him (allegation A). PO John Florio and PO Matthew Handelsman then exited the vehicle and surrounded [redacted] At this point PO Florio frisked and searched [redacted] and at which point all three officers slammed him against their vehicle (allegations B, C, D and E). The officers called for an additional unit to transport [redacted] to the stationhouse. PO Cortes and PO Gargano responded and [redacted] claimed that the officers pushed him into the vehicle at which point his head hit the roof of the car. [redacted] was then transported to the 101 Precinct and claimed that Sgt. Fabara slammed his head against the wall (allegation F). [redacted] expressed that he wanted to see a doctor but Sgt. Fabara, PO Florio and PO Handelsman refused to obtain medical attention for him (allegations G, H, I). Read report for details.


Details

Incident: February 4, 2006
Received: February 6, 2006
Closed: November 9, 2006

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: Summons - disorderly conduct

Witness Officers: Nicklas Cortes, Christopher Gargano