Complaint #200809666,
July 10, 2007

Officer: Query, Brian
Complainant: Black Male, 42
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Query, Brian
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Query, Brian Black Male, 42 Abuse of Authority: Stop Exonerated
Query, Brian Black Male, 42 Abuse of Authority: Frisk 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

[redacted] stated that around 7:00 PM on an unknown date in August of 2007, he was walking outside the 47th Precinct stationhouse, which is located at 4111 Laconia Avenue in the Bronx. Laconia Avenue runs north-south, and [redacted] was on the sidewalk on the west side of the street. He described Laconia as having two lanes of traffic and a row of diagonally parked cars on each side of the yellow line. [redacted]'s daughter and son, aged [redacted] and [redacted] years, respectively, were walking in front of him. The three had just returned from a fishing trip and had gone to buy flour from the corner store. [redacted] was talking with a friend on his mobile phone. There was a marked police van double parked behind the diagonally parked cars on the other side of the street. An officer, identified by the investigation as PO Brian Query, said, "Pssst!" [redacted] heard this noise, but did not think it was directed at him. PO Query started crossing the street and said, "Excuse me, can I talk to you for a minute?" PO Query was a 25-year-old male who appeared Dominican, and wore a uniform. He was 5'2"-5'3" tall, had a heavy build, black curly hair, no glasses and no facial hair.
PO Query said, "Did you hear me calling you? Why'd you keep walking if you heard me calling you? You looked right at me and kept moving." [redacted] responded that he had to stop his children from crossing the street and asked what the problem was. His friend, who was still on the phone, asked [redacted] if the police were harassing him. [redacted] responded that he was not being harassed. PO Query said, "Oh you think I'm harassing you? Hang up the phone." [redacted] complied.
[redacted] was wearing a loose fitting button-down shirt and jean shorts. He had his cell phone in a black leather case attached to his pants on his right hip. The shirt was completely unbuttoned, and hanging over the cell phone case. PO Query reached toward [redacted]'s abdomen with the intention of lifting the right side of his shirt. [redacted] saw PO Query's hand... Read report for details.


Details

Incident: July 10, 2007
Received: July 8, 2008
Closed: June 9, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Maritza Acosta, John White