Complaint #200908482,
May 7, 2008

Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Habermehl, Ryan
Complainant: Black Male, 57
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Servino, Michael
Complainant: Black Male, 57
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Fontana, Vincent
Complainant: Black Male, 57
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Servino, Michael
Complainant: Black Male, 57
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 55-59 Discourtesy: Word Officer(s) Unidentified
Habermehl, Ryan Black Male, 57 Abuse of Authority: Stop Exonerated
Servino, Michael Black Male, 57 Abuse of Authority: Stop Exonerated
Fontana, Vincent Black Male, 57 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Servino, Michael Black Male, 57 Abuse of Authority: Frisk 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 May 7, 2008 at approximately 11:45 AM, [redacted] was riding his bicycle to a bicycle shop to get a broken bicycle rim fixed. [redacted] stopped at a red light on West 22nd Street and 7th Avenue and, as he waited for the light to change, a yellow taxi cab that was driving on the street perpendicular to him stopped. There were two officers in the cab but [redacted] did not realize they were officers because they were in plainclothes. These officers were identified through investigation as PO Ryan Habermehl and PO Michael Servino of the 10th Precinct. PO Habermehl, without identifying himself as a police officer, asked [redacted] where he had gotten the rim in a very nasty tone. [redacted] did not pay attention to him and, thinking he was just some stranger, defended himself by saying that he had stolen it.
The taxi then made a u-turn and PO Habermehl got out of the car and approached [redacted] telling him, "Get off the bike, you don't tell that to a cop." That was when [redacted] realized that the two men were officers. PO Habermehl grabbed [redacted]'s arm and pulled him off the bike and [redacted] said, "Get the f off me." PO Habermehl then pulled [redacted] and the bicycle across the street and stood the bicycle up against a nearby lamppost. PO Servino then frisked [redacted]. PO Servino asked [redacted] if he had anything in his pockets, to which [redacted] responded that he did not. PO Habermehl asked [redacted] if he had a receipt for the bike rim and asked him where he was coming from. [redacted] told him that he was coming from West 26th Street.
Suddenly, [redacted] noticed that three or four unidentified officers in uniform had arrived on the scene. One of these unidentified officers was a white male with black hair who was 5'8" tall and stocky. [redacted] said that this officer was in "riot gear" and indicated that he was wearing a bulletproof vest, a helmet, and also was holding a baton. [redacted] could not describe the other officers but noticed a marked police van and a marked RMP nearby. PO... Read report for details.


Details

Incident: May 7, 2008
Received: May 29, 2009
Closed: December 21, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 10th Precinct Manhattan
Outcome: No arrest made or summons issued