Complaint #200704382,
March 9, 2007

Officer: Tiernan, Vincent
Complainant: Black Male, 18
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Schultz, Timothy
Complainant: Black Male, 18
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Female, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Radio as club
CCRB Conclusion: Unfounded
Officer: Delgado, Angel
Complainant: Black Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mcmenamin, Brian
Complainant: Black Male, 34
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Tiernan, Vincent Black Male, 18 Force: Physical force Exonerated
Unknown Officer Black Male, 18-20 Force: Physical force Unfounded
Schultz, Timothy Black Male, 18 Force: Physical force Exonerated
Unknown Officer Black Female, 50-54 Force: Physical force Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Force: Radio as club Unfounded
Delgado, Angel Black Male, 34 Force: Physical force Exonerated
Mcmenamin, Brian Black Male, 34 Force: Nightstick as club (incl asp & baton) Exonerated
Unknown Officer Black Male, 25-29 Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Unknown Officer Black Male, 18-20 Force: Chokehold Unfounded
Unknown Officer Black Male, 18-20 Force: Physical force Unfounded
Unknown Officer Black Male, 18-20 Force: Nightstick as club (incl asp & baton) Unfounded
Unknown Officer Black Male, 30-34 Force: Physical force Unfounded
Unknown Officer Black Male, 18-20 Force: Physical force Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Force: Physical force Unfounded

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

On March 9, 2007, around 4:30 PM, [redacted] was stopped by two officers, who were later identified as PO Timothy Schultz and PO Vincent Tiernan from the 73rd precinct, for smoking a cigarette inside the lobby of [redacted] in Brooklyn. PO Schultz and PO Tiernan pushed [redacted] against the wall (Allegation A) and handcuffed him. [redacted] began to call out to his mother, who lived in a nearby apartment that adjoins the lobby of [redacted] [redacted]s mother, [redacted] exited the apartment accompanied by [redacted]s brother, and began to question the officers as to what they were doing. The officers called for additional units and more officers arrived in the building. PO Tiernan pushed [redacted] to the ground and officers began to punch and kick him (Allegation B, C).
Five to six officers, including Sgt. Brian McMenamin and PO Angel Delgado from the 73rd Precinct, struck [redacted] with asps and a radio, and also punched and kicked him (Allegation D, E, F and G). He fell to the ground, and when [redacted] approach [redacted] an officer punched her in the shoulder, causing her to fall to the ground (Allegation H). [redacted]s sons [redacted] and [redacted] arrived in the lobby and saw officers interacting with their mother and brothers. [redacted] approached his mother and an officer struck him once with a baton (Allegation I). [redacted] approached his mother and officers punched him and struck him with batons (Allegation J). After he fell to the ground, an officer pressed his asp or baton against [redacted]s throat and restricting his breathing (Allegation K).
When [redacted] a friend of the [redacted]s who was visiting them at the time of the incident, saw [redacted] on the ground he approached her to help her up. Officers began to strike him with asps or batons (Allegation L). They punched and kicked him as well (Allegation M). [redacted] and [redacted] were arrested, as was [redacted]
At the stationhouse, an officer struck [redacted] in the testicles multiple times (Allegation N.) Read report for details.


Details

Incident: March 9, 2007
Received: March 29, 2007
Closed: June 26, 2008

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 73rd Precinct Brooklyn
Outcome: Arrest - assault (against a PO)

Witness Officers: Il Baik, Justin Caballero, Lesly Lafontant, Richard Lavelle, John Luizzi, Teng Luo, Randal Mercier, Anthony Nieves, Stephen Rinaldi, Edward Schneider, Vanessa Vounasis