Complaint #200907980, May 2009

Incident: May 12, 2009
Received: May 22, 2009
Closed: August 18, 2010


Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 60th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Abraham Badillo, Matthew Mikowski, Anthony Pons
Officer: Hernandez, Heriberto
Complainant: Black Male, 39
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Magee, Daniel
Complainant: Black Male, 39
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Magee, Daniel
Complainant: Black Male, 39
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Hernandez, Heriberto Black Male, 39 Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Magee, Daniel Black Male, 39 Abuse of Authority: Stop Exonerated
Magee, Daniel Black Male, 39 Force: Chokehold Unsubstantiated

Penalty

Hernandez, Heriberto
Charges and Specifications - Guilty
Vacation: 5 days


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.
'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.