Complaint #200709944,
May 26, 2007

Officer: Costin, John
Complainant: Hispanic Female, 25
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Costin, John
Complainant: Black Male, 28
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Crain, Christopher
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Crain, Christopher
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Crain, Christopher
Complainant: Black Male, 28
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Costin, John
Complainant: Black Male, 28
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Crain, Christopher
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Crain, Christopher
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Costin, John Hispanic Female, 25 Abuse of Authority: Stop Alleged Victim Uncooperative
Costin, John Black Male, 28 Force: Physical force Unsubstantiated
Crain, Christopher Hispanic Male, 27 Force: Physical force Alleged Victim Uncooperative
Crain, Christopher Hispanic Male, 27 Abuse of Authority: Frisk Alleged Victim Uncooperative
Crain, Christopher Black Male, 28 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Costin, John Black Male, 28 Abuse of Authority: Stop Exonerated
Crain, Christopher Hispanic Male, 27 Abuse of Authority: Stop Alleged Victim Uncooperative
Crain, Christopher Hispanic Male, 27 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer Black Male, 25-29 Force: Physical force Officer(s) Unidentified

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
'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 May 26, 2007 at approximately 3AM [redacted] was with [redacted] walking from the club Sin City back to [redacted]'s car, which was parked on East 138th Street and Park Avenue in the Bronx. When he arrived he saw that Sgt. John Costin of the 40th Precinct had stopped [redacted] and [redacted] (allegation A) while PO Christopher Crain of the 40th Precinct was searching the front passenger side of [redacted]'s car (allegation B). PO Crain told [redacted] to get up against the wall (allegation C) and then frisked [redacted] (allegation D). Sgt. Costin told [redacted] to get up against the wall, and when [redacted] refused, he grabbed [redacted] to place him against the wall (allegation E). [redacted] moved to pull away from Sgt. Costin, and then Sgt. Costin grabbed him, trying to force him to the ground (allegation F). [redacted] tried to push Sgt. Costin away, and Sgt. Costin fell to the floor and pulled [redacted] down. PO Crain and PO Latraviota Wells of the 40th Precinct helped Sgt. Costin to get [redacted] off him. The officers forced [redacted] to the ground and as they held him face down and were handcuffing him, an officer allegedly struck [redacted] twice on the head with an asp (allegation H) and then an officer kicked [redacted] on the mouth (allegation I). Read report for details.


Details

Incident: May 26, 2007
Received: July 11, 2007
Closed: April 1, 2008

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - assault (against a PO)

Witness Officers: Luis Rodriguez, Jacob Solorzano, Latraviota Wells