Complaint #200814346,
October 2, 2008

Officer: Marksberry, Thomas
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Marksberry, Thomas
Complainant: Female
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Marksberry, Thomas
Complainant: Hispanic Female, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Marksberry, Thomas Abuse of Authority: Threat of force (verbal or physical) Alleged Victim Uncooperative
Marksberry, Thomas Female Force: Physical force Alleged Victim Uncooperative
Marksberry, Thomas Hispanic Female, 16 Force: Physical force Unsubstantiated

Conclusion Meanings:

'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 October 2, 2008 at approximately 4:00pm in the vicinity of 7th Avenue and 9th Street inside of the F subway station in Brooklyn, [redacted] and her friends were swiping their Metro Cards to go through the turnstiles. [redacted] was with her friends [redacted] did not know [redacted] last names. [redacted] took one Metro Card and went inside the turnstile together. PO John Smith saw them and asked them to approach him so he could take their information. [redacted] knew PO Smith's name because she sees him everyday at the train station and he wears a uniform with a badge. [redacted] spoke with PO Smith and he wrote them summonses. [redacted] and her other friends waited for [redacted] in the staircase of the train station. [redacted] and her friends had already swiped through the turnstiles and were on the stairs toward the train. Another police officer, PO Marksberry, who [redacted] knew because she saw his name on his badge, approached the girls on the stairs and told them to go downstairs because they could not wait for their friends on the stairs. [redacted] spoke to her friends in Spanish and told them that she did not like PO Marksberry. PO Marksberry told them that he knew Spanish and understood what they were saying.
[redacted] and the girls continued downstairs and PO Marksberry approached [redacted] and told her to come talk with him. PO Marksberry told [redacted] to leave the train station and she asked why she had to leave. [redacted] was hugging her friend [redacted] and PO Marksberry told [redacted] to come with him and grabbed her arm. PO Marksberry grabbed [redacted] right arm and pulled it by grabbing her wrist and pulled her to go with him. [redacted] pulled her arm back because she did not want to go with PO Marksberry. PO Marksberry and [redacted] were by the platform where the train comes. [redacted] was waiting for the Manhattan bound train. [redacted] asked PO Marksberry again why she had to leave and he stated that if she went with him and talked to him then she did not have to leave... Read report for details.


Details

Incident: October 2, 2008
Received: October 3, 2008
Closed: September 28, 2009

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 78th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: John Smith