Complaint #200806616,
May 5, 2008

Officer: Cherry, Patrick
Complainant: White Male, 18
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cherry, Patrick
Complainant: Hispanic Female, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Divers, Patrick
Complainant: White Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Cherry, Patrick
Complainant: White Male, 18
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Divers, Patrick
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Alleged Victim Unavailable
Officer Complainant Allegation CCRB Conclusion
Cherry, Patrick White Male, 18 Force: Physical force Exonerated
Cherry, Patrick Hispanic Female, 41 Discourtesy: Word Unfounded
Divers, Patrick White Male, 18 Abuse of Authority: Stop Exonerated
Cherry, Patrick White Male, 18 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Divers, Patrick Male Abuse of Authority: Stop Alleged Victim Unavailable

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

On May 5, 2008, at approximately 9:15 PM, [redacted] was sitting in front of [redacted] in Brooklyn. He was with an acquaintance named [redacted]. Prior to the subsequent incident, [redacted] sold a small glass jar of marijuana to an individual with the admitted assistance of his girlfriend, [redacted]. Two officers, were identified through the investigation as Det. Megan Barone and Sgt. Patrick Divers of Narcotics Borough Brooklyn North, exited the vehicle. Det. Barone and Sgt. Divers handcuffed [redacted] (Allegation A). Sgt. Divers then handcuffed [redacted] (Allegation B). Three to four minutes later, a second unmarked vehicle pulled up and two officers, identified through the investigation as Det. Andrew Amplo and Det. Patrick Cherry of Narcotics Borough Brooklyn North, exited this vehicle. [redacted] began to yell for his mother, [redacted] and his girlfriend, [redacted]. Det. Cherry allegedly told him to "Shut the fuck up" (Allegation C). Det. Cherry then allegedly grasped [redacted] by both elbows, pushed him towards the van, opened the doors of the van, and pushed him inside (Allegation D). Det. Cherry then punched him on the left side of his face and pushed him the rest of the way inside the van (Allegation D). Det. Cherry told him that if he did not shut up, things were going to get worse on the way to the police station (Allegation E). [redacted] alleged that when she approached the van to inquire about [redacted], Det. Cherry told her to "get the fuck away" from the van on two occasions (Allegation C). [redacted] and [redacted] were transported to the 83rd Precinct and charged with criminal sale of a controlled substance in the forth degree and criminal sale of marijuana in the fourth degree. [redacted] Read report for details.


Details

Incident: May 5, 2008
Received: May 9, 2008
Closed: September 24, 2008

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Andrew Amplo, Meagan Barone, Domenico Scibilia