Complaint #201201695,
December 28, 2011

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 Investigator Recommendation: Unfounded
CCRB Board 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 Board 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
CCRB Investigator Recommendation: Unfounded
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)

Conclusion Meanings:

'Substantiated': The misconduct 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' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalties

Vandyke, Nicholas
Forfeit vacation 10 days
Closed: Not guilty after trial-PC Approved, May 29, 2015
APU Not guilty

Perez, Kelvin
Forfeit vacation 5 days
Closed: Not guilty after trial-PC Approved, May 29, 2015
APU Not guilty

Almeida, Derek
Forfeit vacation 5 days
Closed: Not guilty after trial-PC Approved, May 29, 2015
APU Not guilty

Document

Complaint Closing Report

Details

Incident: December 28, 2011
Received: February 6, 2012
Closed: June 6, 2013
Last Updated: October 2, 2025

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