Complaint #200611338,
August 16, 2006

Officer: Nyhus, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: Command Discipline - A
Officer: Nyhus, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Nyhus, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Nyhus, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Nyhus, Brian Male, 20 Abuse of Authority: Search (of person) Substantiated (Charges)
NYPD Disposition: Command Discipline - A
Nyhus, Brian Male, 20 Abuse of Authority: Frisk Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Nyhus, Brian Male, 20 Abuse of Authority: Stop Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Nyhus, Brian Male, 20 Abuse of Authority: Strip-searched 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Nyhus, Brian
Command Discipline - A

Summary

On August 16, 2006, at approximately 9:30PM [redacted] left his home at [redacted] in Brooklyn to go to the store on the way to Manhattan. [redacted] is a black male who is 5'11" tall and 160lbs. He was with a friend, [redacted] but the friend left [redacted] at the deli to go back to [redacted]'s home because he had left his CD player there. [redacted] waited for him at the corner store called the 7 and 7 on East 54th Street and Flatlands Avenue. He had bought chips and cigarettes. There was a guy sitting on a crate and [redacted] gave him a head-nod. The guy on the crate was a black male with dark skin, low cut hair, young and looked "bummy" in blue jeans and a white shirt. [redacted] has seen him there before but does not keep conversation with him. As [redacted] lit up a cigarette, an officer in plainclothes came up to him and told him to, "Come to the side of the wall. Get your hands on the wall." This officer was identified as PO Vernon Kendrick and was a black male in plainclothes with a muscular build about 5'9"-10" who weighed more that [redacted] and his hair was in a low-cut cesar. [redacted] did not comply right away because he did not know that he was an officer. [redacted] was about to leave but the officer extended his asp which he had in his hand and told him to get on the floor. PO Kendrick was holding it by the handle at his shoulder, about three feet away from [redacted] There is a button in the asp that when it is pushed it extends. [redacted] did as he was told, moving up against the wall and onto his knees with his hands behind his back. Two mini-vans had pulled up on the scene but it was dark out so [redacted] could not tell what color they were. PO Kendrick put him into handcuffs and stood him up.
All of the officers searched him. PO Kendrick put his hands into [redacted]'s pockets and pulled the pockets out. They went into the back pockets and then patted him down. He had one hundred twenty four dollars in his pocket. A second officer, not identified through this investigation, also... Read report for details.


Details

Incident: August 16, 2006
Received: August 25, 2006
Closed: November 28, 2007

Reason for contact: Other
Location: Street/highway
In NYPD 63rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Vernon Kendrick, Kevin Pecorella, Gaspar Sciacca, Daniel Ticali, James Williams