Complaint #200706315,
October 28, 2006

Officer: Oneill, Peter
Complainant: Black Male, 44
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Smith, Charlene
Complainant: Black Male, 44
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Hit against inanimate object
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Espinal, Edwin
Complainant: Black Male, 44
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Espinal, Edwin
Complainant: Black Male, 44
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Complainant: Black Male, 44
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Oneill, Peter Black Male, 44 Abuse of Authority: Strip-searched Exonerated
Smith, Charlene Black Male, 44 Abuse of Authority: Stop Exonerated
Unknown Officer Black Male, 40-44 Force: Hit against inanimate object Unsubstantiated
CCRB Investigator Recommendation: Unfounded
Unknown Officer Black Male, 40-44 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Espinal, Edwin Black Male, 44 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Espinal, Edwin Black Male, 44 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Unknown Officer Black Male, 40-44 Force: Physical force Exonerated
Espinal, Edwin Black Male, 44 Abuse of Authority: Refusal to obtain medical treatment 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

[redacted] alleged that on October 28, 2006 at approximately 11:00 a.m., officers from the 77th Precinct punched [redacted] and struck him with an asp on the corner of Dean Street and Bedford Avenue in Brooklyn as they affected his arrest. The investigation determined that Sgt. Peter Oneill, PO Zakee Smith, PO Charlene Smith, PO Ruth Fadl, PO Edwin Espinal, PO Nicholas Savlitti, PO Hector Morales, PO Edwin Jimenez and PO Averill Thompson, all members of the 77th Precinct, were conducting a Street Narcotics Enforcement Unit (SNEU) operation on the above date. PO Charlene Smith, who was assigned to the observation post, observed [redacted] in a hand to hand drug transaction and conveyed his description over the radio (Allegation A). According to [redacted] officers ultimately identified from the investigation as PO Fadl and PO Espinal, approached him and instructed him to stop. PO Fadl and PO Espinal grabbed [redacted] and pulled him to the ground (Allegation B). PO Espinal allegedly struck [redacted] repeatedly with an asp on his arm and legs (Allegation C) and said, "Get on the mother fucking ground nigger" (Allegation D). When additional officers arrived on the scene, [redacted] alleged that two unidentified officers slammed him into a vehicle (Allegation E). [redacted] was transported to the 77th Precinct station house where he alleged that he was strip searched (Allegation F) and numerous officers, including PO Espinal, refused to obtain medical attention for him (Allegations G & H). [redacted] was transported to [redacted] from Brooklyn Central Booking and was diagnosed swelling to his arms and legs. Read report for details.


Details

Incident: October 28, 2006
Received: May 7, 2007
Closed: September 24, 2008
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Ruth Fadl, Edwin Jimenez, Hector Morales, Nicholas Salvitti, Zakee Smith