Complaint #200709823,
July 4, 2007

Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Morales, Sirka
Complainant: White Female, 46
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Velez, Javier
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Morales, Sirka
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Marsden, Garrett
Complainant: Hispanic Male, 22
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 21-24 Force: Physical force Alleged Victim Uncooperative
Unknown Officer Black Male, 21-24 Force: Physical force Exonerated
Morales, Sirka White Female, 46 Force: Physical force Exonerated
Velez, Javier Black Male, 21 Force: Physical force Exonerated
Morales, Sirka Black Male, 23 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Unknown Officer Black Male, 15-17 Force: Physical force Alleged Victim Uncooperative
Marsden, Garrett Hispanic Male, 22 Force: Chokehold Unfounded
Unknown Officer Abuse of Authority: Premises entered and/or searched Officer(s) Unidentified
Unknown Officer Black Male, 21-24 Force: Physical force Alleged Victim Uncooperative
Unknown Officer Hispanic Male, 21-24 Force: Pepper spray Exonerated
Unknown Officer Hispanic Male, 21-24 Force: Nightstick as club (incl asp & baton) 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.
'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.
'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 July 4, 2007 at 8:30 PM, neighbors were having a large barbecue on the corner of [redacted] and [redacted] in Brooklyn. Sgt. Kenneth Quick and PO Sirka Morales of the 83rd Precinct had previously warned [redacted] the group spokesperson, to lower the music and to stop playing with fireworks. When the officers returned a third time, they decided to issue summonses to [redacted] and [redacted]. However, because [redacted] was agitating the onlookers, Sgt. Quick called for back-up so they could arrest [redacted]. When additional officers arrived, they used pepperspray (Allegation A) and their batons (Allegation B) to effect the arrest of [redacted]. PO Garrett Marsden of the 83rd Precinct allegedly pressed a nightstick against his neck to restrict his breathing (Allegation C). When [redacted]'s mother, [redacted] tried to intervene, PO Morales arrested her. PO Morales then allegedly kicked [redacted] to get her into a patrol car (Allegation D). Officers purportedly pursued an individual who had thrown objects at an officer to [redacted] where [redacted] and [redacted] refused to let them enter. [redacted] alleged that officers kicked and punched him (Allegation E) and that PO Javier Velez from the 83 Precinct stepped on his head as he lay on the ground.(Allegation F). Officers also used force to arrest [redacted] who was standing in the entranceway between the outer and inner entranceway doors and to place him in a patrol car (Allegation G). After [redacted] was placed in the patrol car, an unidentified officer allegedly punched him in his face (Allegation H). Unidentified officers then entered [redacted] and searched the basement (Allegation I). Police officers also used physical force against [redacted] and [redacted] (Allegation J), who were onlookers. At the stationhouse [redacted] asked PO Morales for medical attention but she never provided any (Allegation K). Read report for details.


Details

Incident: July 4, 2007
Received: July 11, 2007
Closed: December 16, 2008

Reason for contact: Report-noise/disturbance
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - disorderly conduct

Witness Officers: John Egan, Zoilo Encarnacion, William Falcone, Ferlie Fox, Michael Harvey, Matthew Jozwicki, Kenneth Quick