Complaint #200613565,
October 8, 2006

Officer: Fernandez, Oscar
Complainant: Black Male, 17
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Fernandez, Oscar
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Walston, Maurice
Complainant: Black Male, 16
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Walston, Maurice
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Walston, Maurice
Complainant: Black Male, 17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Killilea, Shane
Complainant: Black Male, 17
Allegation: Offensive Language: Race
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Killilea, Shane
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Fernandez, Oscar Black Male, 17 Force: Chokehold Unfounded
Fernandez, Oscar Black Male, 17 Force: Physical force Exonerated
Walston, Maurice Black Male, 16 Abuse of Authority: Search (of person) Unsubstantiated
Walston, Maurice Black Male, 17 Force: Physical force Exonerated
Walston, Maurice Black Male, 17 Abuse of Authority: Search (of person) Unsubstantiated
Killilea, Shane Black Male, 17 Offensive Language: Race Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Killilea, Shane Black Male, 17 Force: Physical force 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

[redacted] went outside of his house located at [redacted] in Brooklyn, NY. [redacted] was wearing a red hooded sweatshirt and black sweatpants. When he arrived outside, his neighbor [redacted] was smoking a cigarette by the front of his gate. The two then listened to music coming from a boom box inside his gate. Two minutes after [redacted] went to the gate, an unmarked police vehicle coming from Saratoga Avenue with three officers pulled up. An officer in the car said that someone had made a phone call stating that a person was smoking marijuana. [redacted] told this officer that nobody was smoking marijuana and they were just listening to music. The three officers got out of their vehicle and came up to the gate. PO 1 (male, black, mustache, fade haircut, dark brown eyes), identified by the CCRB as Officer Maurice Walston, asked [redacted] and [redacted] what their names and ages were. PO Walston asked [redacted] whom the marijuana belonged to and [redacted] told PO Walston that he did not know. PO Walston grabbed [redacted] by his shirtsleeve and started going through his pockets. [redacted] smacked PO Walston's hand away. PO Walston then came over to [redacted] and asked him to take his hand out of his pockets. PO Walston grabbed his shirtsleeve and put his hand in his pants pocket. [redacted] asked [redacted] to call his mother so he went to ring [redacted]s doorbell, and [redacted] started to run inside his house. PO Walston then said, "Now you want to call your mother," and pushed his chest against the wall of his house. [redacted] turned around and pushed PO Walston. The two officers standing outside of the gate tried to get in the gate. PO Walston then took a swing at [redacted] PO Walston threw the first punch. [redacted] then threw a retaliatory punch. [redacted] made contact with PO Walston on his jaw. PO Walston then hit [redacted] in his face and his arms. The two other officers at the scene pushed through the gate. PO Walston and [redacted] started "tussling." [redacted]s head was then hit... Read report for details.


Details

Incident: October 8, 2006
Received: October 11, 2006
Closed: August 16, 2007
Last Updated: December 11, 2024

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

Witness Officers: Robert Cincotta