Complaint #201400374,
January 8, 2014

Officer: Smith, Mark
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Smith, Mark
Complainant: Black Male, 51
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Smith, Mark
Complainant: Black Male, 58
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Gorham, Garrett
Complainant: Black Male, 51
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gorham, Garrett
Complainant: Black Male, 51
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Smith, Mark
Complainant: Black Male, 58
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Smith, Mark
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Conway, Jason
Complainant: Black Male, 51
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Smith, Mark Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Smith, Mark Black Male, 51 Abuse of Authority: Frisk Unsubstantiated
Smith, Mark Black Male, 58 Abuse of Authority: Search (of person) Unsubstantiated
Gorham, Garrett Black Male, 51 Discourtesy: Word Unsubstantiated
Gorham, Garrett Black Male, 51 Abuse of Authority: Threat to damage/seize property Unsubstantiated
Smith, Mark Black Male, 58 Abuse of Authority: Frisk Exonerated
Smith, Mark Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Conway, Jason Black Male, 51 Discourtesy: Word Unsubstantiated
Unknown Officer Male Discourtesy: Word Officer(s) Unidentified

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
'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

Smith, Mark
Forfeit vacation 2 days
Closed: Resolved by plea, August 31, 2015
APU Command Discipline
Forfeit vacation 2 days

Summary

On January 8, 2014, at approximately 6:30 p.m., Sgt. Mark Smith of the 67th Precinct received a walk-in complainant at the stationhouse who alleged a group of men had threatened him with a gun. The complainant, identified by the investigation as [redacted] informed officers that a group of men threatened him with a gun before entering [redacted] in Brooklyn. Consequently, Sgt. Smith supervised the search of [redacted] (Allegation A), in addition to the frisk of [redacted] unidentified individuals, and [redacted] as well as the search of [redacted] (Allegations B, C, and D). It was alleged by [redacted] that PO Garrett Gorham and PO Jason Conway spoke rudely to him and PO Gorham threatened to "trash" the place (Allegations E, F, and G). It was alleged by [redacted] that an officer spoke rudely to [redacted] (Allegation H). Officers entered [redacted]s apartment above the barbershop to view video surveillance footage from earlier that day (Allegation I). A gun was not recovered at the location and no individuals were arrested or summonsed as a result of this incident (complaint encl. 5a-f, CCRB statements encl. 6a-9jj). Read report for details.


Details

Incident: January 8, 2014
Received: January 13, 2014
Closed: May 11, 2015

Reason for contact: Other
Location: Commercial building
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Ugur Bek, John Guerra, Michael Santoro