Complaint #200816688,
November 13, 2008

Officer: Holley, Levon
Complainant: Hispanic Male, 32
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Holley, Levon
Complainant: Hispanic Male, 32
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Holley, Levon Hispanic Male, 32 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Holley, Levon Hispanic Male, 32 Force: Other blunt instrument as a club Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Holley, Levon
No Disciplinary Action-DUP
No penalty

Summary

On November 13, 2008 at 10:18pm, [redacted] who withdrew his own complaint with the CCRB regarding this incident, physically assaulted his ex-girlfriend, [redacted] and her friend, [redacted] while they were trying to get into a taxicab driven by [redacted] on Madison Avenue and East 38th Street in Manhattan. [redacted] ran off, and [redacted] flagged down Sgt. Levon Holley, who happened to be driving by, alone in his marked car, on a detail assignment. While Sgt. Holley spoke to them, [redacted] returned. When [redacted] decided to press charges and Sgt. Holley attempted to place [redacted] in handcuffs, [redacted] ran across East 38th Street to 5th Avenue. Along the way, an unidentified [redacted] officer began to help Sgt. Holley.
[redacted] who was being driven down 5th Avenue at the time of this occurrence, witnessed Sgt. Holley allegedly strike [redacted] repeatedly in the stomach with his asp (allegation a). A struggle ensued, and [redacted] grabbed the asp from Sgt. Holley, at which point Sgt. Holley took [redacted] to the ground. [redacted] exited his vehicle and saw Sgt. Holley on top of [redacted] while the off-duty corrections officer held [redacted]'s legs. Sgt. Holley repeatedly struck [redacted] in the head with a blunt instrument (allegation b). [redacted] told Sgt. Holley, "You hit that guy one more fucking time, I'm going to lock you up," causing Sgt. Holley to stop hitting [redacted] and make eye contact with [redacted]. Backup officers arrived to the scene, and [redacted] was removed to [redacted] as an emotionally disturbed person. [redacted] pled guilty to [redacted].
It is not in dispute that Sgt. Holley hit [redacted] with his asp. [redacted] Read report for details.


Details

Incident: November 13, 2008
Received: November 18, 2008
Closed: July 15, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Michael Sheldon