Complaint #201401361,
February 8, 2014

Officer: Nichols, Desmund
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Brown, Michael
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Brown, Michael
Complainant: Asian Female, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Brown, Michael
Complainant: Asian Male, 53
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Nichols, Desmund Abuse of Authority: Premises entered and/or searched Substantiated (Formalized Training)
Brown, Michael Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Brown, Michael Asian Female, 41 Force: Physical force Unsubstantiated
Brown, Michael Asian Male, 53 Abuse of Authority: Threat of force (verbal or physical) 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.
'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.


Penalties

Brown, Michael
Command Discipline - A

Nichols, Desmund
Command Discipline - A

Summary

On February 8, 2014, at approximately 6:10 p.m., police officers knocked on [redacted]s door at [redacted] in the Bronx. [redacted] answered the door and spoke with Lt. Michael Brown and PO Desmund Nichols, both of PSA8. PO Nichols allegedly asked Lt. Brown, "Is that her?" Lt. Brown responded yes, and then both he and PO Nichols entered [redacted]s apartment without consent. (Allegations A and B) The officers then approached [redacted]s daughter, [redacted] as she stood in the kitchen.
PO Nichols placed [redacted] in handcuffs. As he did so, [redacted]s mother, [redacted] asked why they were arresting her daughter. Lt. Brown allegedly pushed [redacted] and caused her to fall. (Allegation C) [redacted] struck her head on the corner of a wall as she fell, and she lost consciousness. [redacted] asked Lt. Brown why he pushed his wife, and Lt. Brown removed his baton from its holster and allegedly said, "You sit down. I can lash you with this." (Allegation D)
[redacted] regained consciousness just before [redacted] was removed from the apartment. [redacted] exited the apartment but fainted in the hallway. A neighbor called 911 and [redacted] was transported to [redacted] where she complained of head, chest, and abdominal pain, and stated that she had a seizure when a police officer pushed her down. [encl. M1-M57] Read report for details.


Details

Incident: February 8, 2014
Received: February 11, 2014
Closed: February 26, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 43rd Precinct Bronx
Outcome: Arrest - other violation/crime