Complaint #201400396,
January 8, 2014

Officer: Clancy, Cornelius
Complainant: Hispanic Male, 30
Allegation: Force: Gun fired
CCRB Conclusion: Unsubstantiated
Officer: Roy, Kevin
Complainant: Hispanic Male, 30
Allegation: Force: Gun fired
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Clancy, Cornelius Hispanic Male, 30 Force: Gun fired Unsubstantiated
Roy, Kevin Hispanic Male, 30 Force: Gun fired Unsubstantiated
Unknown Officer Abuse of Authority: Gun Drawn 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.
'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 January 8, 2014, at 9:10 p.m., on 12th Avenue between West 130th Street and West 131st Street in Manhattan, [redacted] and [redacted] were traveling in a grey GMC Terrain SUV. Members of the NYPD's Drug Enforcement Task Force, the DEA, and New York State Police stopped the SUV with guns drawn [redacted] (Allegation A).
After the vehicle was stopped, [redacted] exited the front passenger seat and was fired upon by SDS Cornelius Clancy, Det. Kevin Roy, and DEA SA Orville Greene (Allegations B and C). [redacted] sustained one graze wound to his right forearm. [redacted] alleged that a plainclothes NYPD officer used an asp to break the rear driver side window and struck [redacted] with the asp. According to the Finalized Firearms Discharge Report, DEA SA Todd Riley used an asp to strike the rear driver side window (encl. 08, 9). [redacted] and [redacted] were arrested as a result of this incident. Attorneys for [redacted] and [redacted] did not permit their clients to speak to the CCRB (encl. J1), but they all gave statements to IAB (encl. O10-11). [redacted] Read report for details.


Details

Incident: January 8, 2014
Received: January 14, 2014
Closed: March 31, 2015

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 26th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Richard Currao, Paul Daly, James Davis, Therone Eugene, Michael Ingram, Joseph King, Christophe Koch, Mark Moran, Jose Vargas, Jonathan Weiner
Video evidence collected