Complaint #200603382,
March 15, 2006

Officer: Bannister, Ronald
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cumberbatch, Virgil
Complainant: Hispanic Male, 44
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cumberbatch, Virgil
Complainant: Black Male, 41
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Bocina, Roy
Complainant: Hispanic Male, 44
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cuozzo, Angelo
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Castle, Christopher
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cumberbatch, Virgil
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cumberbatch, Virgil
Complainant: Hispanic Male, 44
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Bannister, Ronald Black Male, 41 Force: Physical force Unsubstantiated
Cumberbatch, Virgil Hispanic Male, 44 Force: Physical force Unsubstantiated
Cumberbatch, Virgil Black Male, 41 Force: Chokehold Substantiated (Charges)
Bocina, Roy Hispanic Male, 44 Force: Physical force Unsubstantiated
Cuozzo, Angelo Black Male, 41 Force: Physical force Exonerated
Castle, Christopher Black Male, 41 Force: Physical force Exonerated
Cumberbatch, Virgil Black Male, 41 Force: Physical force Exonerated
Cumberbatch, Virgil Hispanic Male, 44 Abuse of Authority: Question and/or stop Unsubstantiated

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.
'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.


Summary

On March 15, 2006, [redacted] walked into the El Dorado Restaurant, located at 109 Belmont Avenue in Brooklyn, at about 9:45AM. He walked to the counter and ordered a cup of coffee. A man identified as [redacted] was sitting next to him, playing games on his cell phone. Moments later two black male officers in plainclothes – identified through investigation as Det. Virgil Cumberbatch and Det. Ronald Bannister – entered the restaurant. Det. Cumberbatch stopped [redacted] (Allegation A) and placed him into a chokehold (Allegation B). Det. Cumberbatch threw [redacted] to the ground (Allegation C). Det. Cumberbatch then stopped [redacted] (Allegation A), grabbed one of his hands, struck him in the face, handcuffed him, and then slammed him to the ground (Allegation D). Det. Cumberbatch then allegedly stomped on [redacted] head. Sgt. Roy Bocina had arrived on scene, and used physical force against [redacted] (Allegation E). Meanwhile, Det. Ronald Bannister was allegedly kicking [redacted] (Allegation F). Det. Christopher Castle and Det. Angelo Cuozzo both used some physical force to restrain [redacted] (Allegation G and Allegation H, respectively). Read report for details.


Details

Incident: March 15, 2006
Received: March 16, 2006
Closed: December 29, 2006

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD 73rd Precinct Brooklyn
Outcome: Arrest - resisting arrest