Complaint #200814609,
October 9, 2008

Officer: Linton, Xiomara
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Linton, Xiomara
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Gibson, Lamont
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Prendergast, Paul
Complainant: Hispanic Male, 24
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Prendergast, Paul
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Prendergast, Paul
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Prendergast, Paul
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Linton, Xiomara Hispanic Male, 24 Discourtesy: Action Unsubstantiated
Linton, Xiomara Hispanic Male, 24 Abuse of Authority: Vehicle search Unsubstantiated
Gibson, Lamont Hispanic Male, 24 Abuse of Authority: Vehicle search Unsubstantiated
Prendergast, Paul Hispanic Male, 24 Force: Hit against inanimate object Unsubstantiated
Prendergast, Paul Hispanic Male, 24 Abuse of Authority: Search (of person) Unsubstantiated
Prendergast, Paul Hispanic Male, 24 Discourtesy: Word Unsubstantiated
Prendergast, Paul Hispanic Male, 24 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 9, 2008, at approximately 1:30 AM, [redacted] was in a car with his mother, [redacted] and his brother, [redacted], who was driving the car at the time. As they were pulling on the Edward L Grant Highway onto Plimpton Avenue in the Bronx, [redacted] failed to signal as he merged the car off the exit ramp. Within moments, a police van turned on its lights and sirens and pulled [redacted]'s car over. Four officers initiated the investigation in PO Xiomara Linton, PO Paul Rau, PO Lamont Gibson and Sgt. Paul Prendergast approached the vehicle. PO Rau initiated contact with [redacted]. [redacted] was exiting the vehicle. Sgt. Prendergast asked [redacted] to exit the vehicle. As [redacted] was exiting the vehicle, Sgt. Prendergast allegedly grabbed [redacted]'s arm and twisted it, exacerbating a previous injury (Allegation A). After [redacted] was removed from the vehicle, PO Linton and PO Gibson entered the rear passenger area of the vehicle (Allegations B and C). PO Linton and PO Gibson searched within the back seat and the pockets on the rear of the front seats. While PO Linton and PO Gibson conducted their alleged search, Sgt. Prendergast allegedly said to [redacted], "Fuck you, Who, the fuck, do you think you are?" (Allegation D) and then searched into [redacted]'s pockets for his driver's license (Allegation E). Sgt. Prendergast then slammed [redacted] into the vehicle (Allegation F) before releasing him. Once [redacted] got back into the vehicle, the officers went to their van. PO Rau and PO Linton returned momentarily to the vehicle with summonses. PO Linton threw a summons [redacted] into [redacted]'s face (Allegation G). The officers then left.
[redacted] alleged that Sgt. Prendergast grabbed his arm and twisted it, exacerbating a previous injury.
[redacted] further alleged that PO Linton and PO Gibson entered and searched his vehicle [redacted].
[redacted] also alleged that Sgt. Prendergast told him, "Fuck you. Who, the fuck, do you think you are?" searched his pockets and slammed his face... Read report for details.


Details

Incident: October 9, 2008
Received: October 10, 2008
Closed: August 18, 2009

Reason for contact: Moving violation
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Brian Lauler, Steven Ramunno, Paul Rau