Complaint #200612793,
September 26, 2006

Officer: Schultz, Timothy
Complainant: Hispanic Male, 23
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Allegation: Discourtesy: Word
CCRB Conclusion: Victim Unidentified
Officer: Caballero, Justin
Complainant: Hispanic Male, 23
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Schultz, Timothy
Complainant: Hispanic Male, 23
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Male
Allegation: Offensive Language: Race
CCRB Conclusion: Alleged Victim Uncooperative
Recategorized as: Offensive Language: Other
Officer Complainant Allegation CCRB Conclusion
Schultz, Timothy Hispanic Male, 23 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Unknown Officer Discourtesy: Word Victim Unidentified
Caballero, Justin Hispanic Male, 23 Force: Nightstick as club (incl asp & baton) Exonerated
Unknown Officer Hispanic Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Unknown Officer Hispanic Male, 21-24 Discourtesy: Word Unsubstantiated
Schultz, Timothy Hispanic Male, 23 Abuse of Authority: Question and/or stop Unsubstantiated
Unknown Officer Male Offensive Language: Race Alleged Victim Uncooperative
Recategorized as Offensive Language: Other on December 9, 2024

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 September 26, 2006 at approximately 8:00 PM, [redacted] was alone and leaving his friend's place in the vicinity of [redacted] between [redacted] and [redacted] in Brooklyn. That evening he was dressed in blue pants, a blue and white long sleeve shirt and blue and white sneakers. He had nothing in his hands. He was walking on the right hand side of [redacted] towards [redacted] when a marked police van turned onto [redacted] from [redacted] and drove up next to him. There were three officers: one heavy set Caucasian, male officer with blond hair (later identified as PO Timothy Schultz from the BADS arrest report and subsequent photo array shown to [redacted] another male Caucasian officer (later identified as PO Daniel Shook through roll call and PO Schultz' CCRB statement) and one Hispanic male officer with a light brown complexion (later identified as PO Justin Caballero through roll call, officer's photo compared to [redacted] description of him and PO Schultz' CCRB statement). The officers exited the van and "rushed" [redacted] meaning they jogged towards him saying, "Come here." [redacted] was not doing anything at the time but walking and felt that the officers were targeting him arbitrarily, therefore [redacted] began to run away from the officers. He ran south on [redacted] and then east on [redacted] continuing to run until he reached [redacted] covering a total of two blocks. [redacted] claimed that he was pursued by PO Schultz and PO Caballero while PO Shook pursued the chase in the patrol van. Throughout the chase, [redacted] heard the officers on foot say things to the effect of "Stop, motherfucker!" and "When I catch you, I am going to beat the shit out of you." Because he was running with his back to the officers, he could not tell which officer said what.
On [redacted] decided to stop because he was out of breath and he put his hands up to show that he wished to surrender. PO Schultz ran up to him, removed and extended his asp and hit [redacted] in the upper part of his left arm. He then... Read report for details.


Details

Incident: September 26, 2006
Closed: July 2, 2007
Last Updated: December 11, 2024

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

Witness Officers: Daniel Shook