Complaint #200714732,
September 20, 2007

Officer: Powell, Donnell
Complainant: Black Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Tolson, Andrew
Complainant: Black Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Tolson, Andrew
Complainant: Black Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Powell, Donnell Black Male, 20 Force: Physical force Exonerated
Tolson, Andrew Black Male, 20 Force: Physical force Exonerated
Tolson, Andrew Black Male, 20 Discourtesy: Word 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 at approximately 4:00 AM on September 20, 2007, he was apprehended by two police officers – who were identified by the investigation as PO Andrew Tolson and PO Donnell Powell – after he stole a GPS system from a vehicle parked in front of 139-30 87 Drive in Queens. [redacted] fled on bicycle and foot, before being caught by PO Tolson in the backyard of a house at 139-14 87 Road. Though he claimed that he surrendered to PO Tolson, [redacted] alleged that PO Tolson punched him in the back of the head, threw him to the ground, and kicked and stomped on him (Allegations A). PO Powell soon arrived, and allegedly also used force against [redacted] kicking and stomping him (Allegations B). [redacted] claimed that after he was handcuffed, an officer punched him in the side of the head. He was taken to the 107th Precinct stationhouse, where, [redacted] alleged, PO Tolson stated, "I fucked up my thumb fucking up this guy" (Allegation C). Read report for details.


Details

Incident: September 20, 2007
Received: October 10, 2007
Closed: November 13, 2008

Reason for contact: Report of other crime
Location: Street/highway
In NYPD 107th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Cindy Bernstein, Kenneth Clausey, Joan Davis, Sean Pratt, Vincent Wong