Complaint #201305341,
June 16, 2013

Officer: Downes, Sean
Complainant: Black Male, 48
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Depasquale, Erik
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Downes, Sean Black Male, 48 Force: Physical force Unsubstantiated
Depasquale, Erik Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Unknown Officer Black Male, 45-49 Force: Physical force Officer(s) Unidentified
Unknown Officer Discourtesy: Word Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Depasquale, Erik
Forfeit vacation 5 days
Closed: Plea set aside, Formalized Training, May 17, 2016
APU Dismissed
Formalized Training

Summary

On June 16, 2013, residents of [redacted] in Brooklyn had a Father's Day barbeque that took place the entire day in the courtyard involving many of the residents, with an estimated turnout of over 100 people. At approximately 9:00 p.m., officers, including some assigned to Patrol Borough Brooklyn North, responded to a dispute at the location, which resulted in a large melee with different incidents between officers and civilians throughout various areas of the building complex (encl. 3G-N). TARU footage was obtained which revealed nothing of these incidents (encl. 3NN). This complaint solely addresses three separate incidents within the melee.
Sgt. Erik Depasquale entered [redacted] s residence without consent to affect the arrest of [redacted] who had allegedly punched a female civilian prior to the officers' arrival to the scene (Allegation A). In the 2nd incident, officers pursued [redacted] s friends up the stairwell right next to [redacted] s apartment. [redacted] interacted with Sgt. Sean Downes, resulting in Sgt. Downes punching [redacted] in the face (Allegation B). [redacted] alleged that officers then stomped on him a few times before he was handcuffed (Allegation C).
In the 3rd incident, [redacted] who is solely a witness, indicated that as officers left the complex, she observed unidentified officers that she could not describe state to unidentified individuals in a crowd in the courtyard, "Shut the fuck up" (Allegation D). Read report for details.


Details

Incident: June 16, 2013
Received: June 17, 2013
Closed: December 2, 2014

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Jason Bryant, Noel Damico, Matthew Demaio, Colleen Donohue, Shannon Pearl