Complaint #200901207, January 2009

Incident: January 23, 2009
Received: January 25, 2009
Closed: May 3, 2010

Reason for contact: Other
Location: Apartment/house
In NYPD 79th Precinct Brooklyn
Outcome: Arrest - assault (against a PO)

Witness Officers: Christophe Cunha, Rodney Hale, Adam Kaszovitz

Officer:	Unknown Officer
Complainant:	Black Male, 40-44
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Unknown Officer
Complainant:	Black Male, 18-20
Allegation:	Abuse of Authority: Stop
CCRB Conclusion:	Alleged Victim Unavailable
Officer:	Unknown Officer
Complainant:	Black Male, 18-20
Allegation:	Abuse of Authority: Search (of person)
CCRB Conclusion:	Alleged Victim Unavailable
Officer:	Mccullough, James
Complainant:	Black Male, 40
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Substantiated (No Recommendations)
Officer:	Hernandez, Danny
Complainant:	Black Male, 17
Allegation:	Abuse of Authority: Search (of person)
CCRB Conclusion:	Substantiated (No Recommendations)
NYPD Disposition:	No Disciplinary Action-DUP
Officer:	Unknown Officer
Complainant:	Black Male, 21-24
Allegation:	Discourtesy: Word
CCRB Conclusion:	Officer(s) Unidentified
Officer:	Unknown Officer
Complainant:	Black Male, 15-17
Allegation:	Force: Physical force
CCRB Conclusion:	Unfounded
Officer:	Unknown Officer
Complainant:	Black Male, 15-17
Allegation:	Force: Physical force
CCRB Conclusion:	Officer(s) Unidentified
Officer:	Hernandez, Danny
Complainant:	Black Male, 17
Allegation:	Offensive Language: Race
CCRB Conclusion:	Unsubstantiated
Officer:	Mccullough, James
Complainant:	Black Male, 15
Allegation:	Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion:	Unsubstantiated
Officer:	Hernandez, Danny
Complainant:	Black Male, 17
Allegation:	Abuse of Authority: Frisk
CCRB Conclusion:	Substantiated (No Recommendations)
NYPD Disposition:	Instructions
Officer:	Hernandez, Danny
Complainant:	Black Male, 17
Allegation:	Abuse of Authority: Stop
CCRB Conclusion:	Substantiated (No Recommendations)
NYPD Disposition:	Instructions
Officer:	Mccullough, James
Complainant:	Black Male, 40
Allegation:	Discourtesy: Word
CCRB Conclusion:	Unfounded

Officer	Complainant	Allegation	CCRB Conclusion
Unknown Officer	Black Male, 40-44	Force: Physical force	Exonerated
Unknown Officer	Black Male, 18-20	Abuse of Authority: Stop	Alleged Victim Unavailable
Unknown Officer	Black Male, 18-20	Abuse of Authority: Search (of person)	Alleged Victim Unavailable
Mccullough, James	Black Male, 40	Force: Nightstick as club (incl asp & baton)	Substantiated (No Recommendations)
Hernandez, Danny	Black Male, 17	Abuse of Authority: Search (of person)	Substantiated (No Recommendations)
	NYPD Disposition: No Disciplinary Action-DUP
Unknown Officer	Black Male, 21-24	Discourtesy: Word	Officer(s) Unidentified
Unknown Officer	Black Male, 15-17	Force: Physical force	Unfounded
Unknown Officer	Black Male, 15-17	Force: Physical force	Officer(s) Unidentified
Hernandez, Danny	Black Male, 17	Offensive Language: Race	Unsubstantiated
Mccullough, James	Black Male, 15	Abuse of Authority: Threat of force (verbal or physical)	Unsubstantiated
Hernandez, Danny	Black Male, 17	Abuse of Authority: Frisk	Substantiated (No Recommendations)
	NYPD Disposition: Instructions
Hernandez, Danny	Black Male, 17	Abuse of Authority: Stop	Substantiated (No Recommendations)
	NYPD Disposition: Instructions
Mccullough, James	Black Male, 40	Discourtesy: Word	Unfounded

Penalties

Hernandez, Danny

Penalty: Command Discipline - B

Mccullough, James

NYPD Conclusion: Instructions

Penalty: Command Discipline - B

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

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

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

'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.