Complaint #200708090,
June 6, 2007

Officer: Davis, Brian
Complainant: Black Male, 55
Allegation: Abuse of Authority: Property damaged
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Davis, Brian
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Alleged Victim Unavailable
Officer Complainant Allegation CCRB Board Conclusion
Davis, Brian Black Male, 55 Abuse of Authority: Property damaged Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Davis, Brian Abuse of Authority: Property damaged Alleged Victim Unavailable

Conclusion Meanings:

'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

Davis, Brian
No Disciplinary Action-DUP
No penalty

Summary

On June 6, 2007, at an unspecified time before 12:30 PM, [redacted] went to Wal-Mart and purchased several toothbrushes, toothpaste, and two disposable Gillette razor cartridges. He also had Plavex and a different prescription filled. At the store these items were placed in a Wal-Mart shopping bag, along with a receipt, which [redacted] then placed inside his green bag (approximately 12" by 8") with a shoulder strap. Each of the items was in its original packaging. [redacted] wore the bag. Also inside the bag at the time were approximately six packs of Newport cigarettes, his heart medication, assorted papers and notes and lottery tickets. At approximately 12:30 PM, PO Luis Pichardo from the 28th Precinct arrested [redacted] at West 125th Street and 7th Avenue. [redacted] was found to be in possession of a carton of untaxed Newport cigarettes. Incident to the arrest, [redacted] was searched on the scene, and all of the items inside his pockets were removed, placed inside his green bag, and his bag was removed from him. He was transferred to the 28th Precinct for processing.
Between 1:00 PM and 3:00 PM, an officer, whom [redacted] suspected was Dominican, brought [redacted] outside and to the rear of the 28th Precinct (in the general vicinity of Morningside Avenue and West 123rd Street) and transferred him to a marked prisoner truck. The truck was approximately thirty feet long, had two benches for the prisoners on either side in the back, and had no windows. There was a section between the driver and the inmates, which contained everyone's property behind a screen door. A table and a trashcan were inside the partitioned area at the front of the truck. An officer, identified as PO Brian Davis of the 28th Precinct, was standing inside the truck in the partitioned area behind the driver. He was conducting property searches of each of the prisoners. There was a second African American male police officer also inside the same area inside the truck with PO Davis. This officer was later identified from the... Read report for details.


Details

Incident: June 6, 2007
Received: June 8, 2007
Closed: November 30, 2007

Reason for contact: PD suspected C/V of violation/crime - street
Location: Police building
In NYPD 28th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Kenan Sheppard