Complaint #200901359,
January 24, 2009

Officer: Jay, Brian
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Jay, Brian
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Jay, Brian
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mchugh, Michael
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Jay, Brian Hispanic Male, 20 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Jay, Brian Hispanic Male, 20 Force: Physical force Unsubstantiated
Jay, Brian Hispanic Male, 20 Force: Physical force Exonerated
Mchugh, Michael Hispanic Male, 20 Force: Physical force 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.
'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 January 24, 2009, at approximately 4:37PM, upon exiting the "Red Lounge" located at 238 Sherman Avenue, in Manhattan, [redacted] and his cousin, [redacted] got into a fight in the middle of the street with a third male, identified through investigation as [redacted] Officer Johnny Diaz, identified through the arrest report, and three other officers, identified through investigation as Sgt. Michael McHugh, Officer Brian Jay, and Officer Walters, who were parked in front of the location, approached the group. [redacted] attempted to run away, but Officer Jay and Officer Diaz chased him while Sgt. McHugh and Officer Walters apprehended [redacted] and [redacted] Officer Jay caught up to [redacted] grabbed him from behind (wrapping his arms around [redacted]) and pulled him to the ground (allegation A). [redacted] resisted being placed in handcuffs and positioned himself in push-up position so that the officers could not grab his arms. Sgt. McHugh, using his foot, swept [redacted], causing him to fall to the ground (allegation B). [redacted] who sustained a bruise to his face, was also bleeding from his lip and he spit blood on Officer Jay's boots. In response, Officer Jay allegedly kicked him three or four times in the head (allegation C). While at the stationhouse, [redacted] allegedly asked Officer Jay for his name and shield number, but Officer Jay refused to provide the information (allegation D). Read report for details.


Details

Incident: January 24, 2009
Received: January 28, 2009
Closed: June 30, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Johnny Diaz, John Walters