Complaint #201201695, December 2011

Incident: December 28, 2011
Received: February 6, 2012
Closed: June 6, 2013


Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Dilson Abreu, Daniel Ludemann, Shane Maynard
Officer: Vandyke, Nicholas
Complainant: Male, 34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Vandyke, Nicholas
Complainant: Male, 34
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Vandyke, Nicholas
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unfounded
Officer: Herbst, Michele
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unfounded
Officer: Almeida, Derek
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Almeida, Derek
Complainant: Male, 34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Vandyke, Nicholas
Complainant: Male, 34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Vandyke, Nicholas
Complainant: Male, 34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Perez, Kelvin
Complainant: Male, 34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Vandyke, Nicholas Male, 34 Abuse of Authority: Stop Substantiated (Charges)
Vandyke, Nicholas Male, 34 Abuse of Authority: Strip-searched Unsubstantiated
Vandyke, Nicholas Abuse of Authority: Gun Drawn Unfounded
Herbst, Michele Abuse of Authority: Gun Drawn Unfounded
Almeida, Derek Abuse of Authority: Gun Drawn Unsubstantiated
Almeida, Derek Male, 34 Abuse of Authority: Stop Substantiated (Charges)
Vandyke, Nicholas Male, 34 Abuse of Authority: Search (of person) Unsubstantiated
Vandyke, Nicholas Male, 34 Abuse of Authority: Frisk Unsubstantiated
Perez, Kelvin Male, 34 Abuse of Authority: Stop Substantiated (Charges)

Penalties

Vandyke, Nicholas
Forfeit vacation 10 days
Closed: Not guilty after trial, May 2015
APU Not guilty

Perez, Kelvin
Forfeit vacation 5 days
Closed: Not guilty after trial, May 2015
APU Not guilty

Almeida, Derek
Forfeit vacation 5 days
Closed: Not guilty after trial, May 2015
APU Not guilty


Conclusion Meanings:

'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.