Complaint #200903266,
February 28, 2009

Officer: Collins, Gerard
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cheng, Christopher
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Collins, Gerard
Complainant: Hispanic Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Westbrook, Dennis
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Collins, Gerard Hispanic Male, 17 Force: Physical force Unsubstantiated
Cheng, Christopher Hispanic Male, 17 Force: Physical force Exonerated
Collins, Gerard Hispanic Male, 17 Discourtesy: Word Unsubstantiated
Westbrook, Dennis Hispanic Male, 17 Force: Physical force Unsubstantiated

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 March 1, 2009, at approximately 11:18 PM, [redacted] was walking westbound on West 42nd Street between 7th Avenue and 8th Avenue in Manhattan. [redacted] was consuming alcohol while he was walking and was stopped by Lieutenant Christopher Cheng. Lieutenant Cheng attempted to handcuff [redacted] and [redacted] struck Lieutenant Cheng's face with his fist. Lieutenant Cheng then struck [redacted] face with his fist (Allegation A). Lieutenant Cheng struggled to handcuff [redacted] and PO Dennis Westbrook, who was off duty at the time, approached Lieutenant Cheng and helped him restrain [redacted] PO Westbrook and another officer moved [redacted] into a marked patrol vehicle. PO Westbrook allegedly said, "You wanna hit my lieutenant?" and punched [redacted] in his mouth (Allegation B). PO Gerard Collins then entered the patrol car, sat on [redacted] legs and allegedly punched [redacted] in his right eye (Allegation C). [redacted] told PO Collins, "I want your name, 'cause you're a coward. How you gonna hit me when I'm in handcuffs." PO Collins allegedly replied, "My name is Officer Collins, you little bitch" (Allegation D). PO Collins told [redacted] to "shut up" or he would get hit again. Read report for details.


Details

Incident: February 28, 2009
Received: March 4, 2009
Closed: November 12, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Arrest - assault (against a PO)

Witness Officers: Frank Failla, Dennis Mccartney, Cornelius Oshea, Richard Young