Complaint #200804979,
April 4, 2008

Officer: Tolson, Andrew
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Exonerated
Officer: Tolson, Andrew
Complainant: Hispanic Female, 36
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Tolson, Andrew Abuse of Authority: Threat to notify ACS Exonerated
Tolson, Andrew Hispanic Female, 36 Abuse of Authority: Threat of arrest 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.

Further details on conclusions.


Summary

For the last eight months [redacted] has had an ongoing dispute with her downstairs neighbor, [redacted] often bangs on the walls when [redacted] or her children make the slightest noise, and has repeatedly cursed at [redacted] and called her children "bastards."
Some time before 1:00 AM on April 4, 2008, two uniformed police officers arrived at [redacted] apartment. [redacted] did not see the car they arrived in. PO1, identified through investigation as PO Tolson, was a white male in his 30's with dark hair, no glasses and no facial hair. He was about 6 feet tall and had an average build. PO2, identified through investigation as PO Rizzo, was a 28-to-30-year-old Hispanic male with dark hair, dark eyes, and no glasses. He was 5'5" tall and had a heavy build. PO Tolson told [redacted] that her neighbors had complained that she was making too much noise. [redacted] tried to explain that her son had been making the noise by jumping up and down in his crib, but PO Tolson seemed skeptical and told her that they did not want to come again. The officers then left.
[redacted] sister, [redacted] was visiting at the time. About 30 to 45 minutes after the officers left, [redacted] started stomping on the floor and yelling, "Call the police now, bitch." The same two police officers then returned to [redacted] apartment. PO Tolson stated that they had heard her calling her neighbor a "bitch" and harassing her from downstairs. PO Tolson told [redacted] that if she continued harassing her neighbors she would be arrested and her children would be taken from her (Allegations A and B). [redacted] did not tell the officers that it was her sister who had been yelling. The officers left without issuing any tickets or summonses. Read report for details.


Details

Incident: April 4, 2008
Received: April 7, 2008
Closed: October 17, 2008

Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 107th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Christopher Rizzo