Complaint #200604558,
March 19, 2006

Officer: Hong, Steven
Complainant: White Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cui, Benjamin
Complainant: White Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cui, Benjamin
Complainant: White Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Hong, Steven White Male, 23 Force: Physical force Exonerated
Cui, Benjamin White Male, 23 Force: Physical force Exonerated
Cui, Benjamin White Male, 23 Discourtesy: Word 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.
'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 19, 2006, at approximately 3:00 AM, [redacted] left a bar, located on Ludlow Street with his friend, [redacted] The two had been at the bar for approximately three hours, during which time [redacted] consumed three cocktails; he was slightly buzzed but not intoxicated. He and [redacted] stopped on the corner of Rivington Street and the street [redacted] identified as one block south of Houston Street. His friend went into a phone booth on the northwest corner to make a phone call. [redacted] told his friend that he was going to walk down the street and draw on the wall with a marker.
[redacted] walked southbound on Rivington Street and stopped, three quarters of the way down and on the East Side of the street. He noticed a man, identified by the investigation as PO Benjamin Cui, approximately twenty yards away at the southeast corner of the block. [redacted] drew something on a doorway, then felt someone grab his jacket by his right shoulder. He spun to his left and pushed PO Cui in his chest with his left hand, causing him to take a step back. PO Cui said, "Police! Ok, police!" [redacted] looked for PO Cui's badge but didn't see one and thought PO Cui was a civilian calling for the police. He pushed PO Cui again in the chest with open hands. PO Cui repeated, "Police, ok, police!" [redacted] stepped forward and PO Cui grabbed him and they begun grappling, holding each other by the arms. PO Cui said, "Ok, you wanna fuck around with me, ok." Later, as he recounted this, [redacted] claimed PO Cui said, "You wanna fuck around with me, motherfucker." PO Cui punched [redacted] in his left cheek and ear with his right fist. [redacted] tried to run, but PO Cui grabbed a hold of him and they continued wrestling. They moved into the street, at which point, another officer, determined by the investigation to be PO Steven Hong, tackled [redacted] on his left side, so that [redacted] fell to the ground, landing on his right side. [redacted] may have blacked out at this point but he was not sure.
[redacted] felt... Read report for details.


Details

Incident: March 19, 2006
Received: April 9, 2006
Closed: April 24, 2007

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 7th Precinct Manhattan
Outcome: Arrest - resisting arrest