Complaint #201402243,
March 5, 2014

Officer: Alfieri, Michael
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Re, Jonathan
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Omahoney, Daniel
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Re, Jonathan
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Omahoney, Daniel
Complainant: Hispanic Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Re, Jonathan
Complainant: Hispanic Male, 27
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Re, Jonathan
Complainant: Hispanic Male, 27
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Omahoney, Daniel
Complainant: Male
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Omahoney, Daniel
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Omahoney, Daniel
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Alfieri, Michael Hispanic Male, 27 Abuse of Authority: Strip-searched Exonerated
Re, Jonathan Hispanic Male, 27 Force: Physical force Exonerated
Omahoney, Daniel Hispanic Male, 27 Force: Physical force Exonerated
Re, Jonathan Hispanic Male, 27 Abuse of Authority: Property damaged Unsubstantiated
Omahoney, Daniel Hispanic Male, 27 Discourtesy: Word Unsubstantiated
Re, Jonathan Hispanic Male, 27 Force: Chokehold Unsubstantiated
Re, Jonathan Hispanic Male, 27 Force: Other Unsubstantiated
Omahoney, Daniel Male Force: Pepper spray Alleged Victim Uncooperative
Omahoney, Daniel Male Abuse of Authority: Search (of person) Alleged Victim Uncooperative
Omahoney, Daniel Hispanic Male, 27 Force: Physical force Unsubstantiated
Unknown Officer Hispanic Male, 25-29 Force: Physical force 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
'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 March 5, 2014, at approximately 3:10 a.m., [redacted] was driving his car with his friend, [redacted] in the vicinity of 10th Avenue and West 13th Street in Manhattan. PO Daniel Omahoney and PO Jonathan Re, of the 6th Precinct, pulled over [redacted] for driving while intoxicated. PO Re escorted [redacted] out of his car and to the sidewalk. PO Omahoney opened the front passenger door of [redacted]'s car and removed [redacted] from the car. PO Omahoney allegedly frisked [redacted]'s arms, legs and torso, and then allegedly searched [redacted]'s pants' pockets (Allegation A). PO Omahoney escorted [redacted] next to [redacted] on the sidewalk where he and [redacted] both sat down. PO Omahoney recovered a pipe with marijuana residue from inside of [redacted]'s car. PO Omahoney allegedly searched the glove compartment, a drawer near the dashboard, underneath the seats and a jacket on the backseat of [redacted]'s car. At some point while attempting to put [redacted] under arrest, PO Omahoney allegedly grabbed his arms and tried to turn him around. PO Omahoney pepper sprayed [redacted] (Allegation B). [redacted] left the scene without pursuit from either PO Omahoney or PO Re.
PO Re and PO Omahoney grabbed [redacted] by his arms and allegedly his legs, and pushed him to the ground (Allegations C and D). PO Re allegedly kicked [redacted] in his left arm. PO Omahoney allegedly told [redacted] "Shut the fuck up" (Allegation E). PO Omahoney allegedly punched [redacted] multiple times in the ribs (Allegation D). PO Re allegedly grabbed [redacted] by his neck and his breathing was allegedly restricted (Allegations F and G). Either PO Omahoney or PO Re handcuffed [redacted] PO Re allegedly "stomped" on [redacted]'s glasses that were on the ground, causing the frames to brake and scratches to the lens (Allegation H). Sgt. Michael Alfieri responded to the arrest location. [redacted] was pushed inside the police car where he allegedly hit his head on the door on the opposite side. An officer took possession of [redacted]'s... Read report for details.


Details

Incident: March 5, 2014
Received: March 7, 2014
Closed: February 9, 2015

Reason for contact: Moving violation
Location: Street/highway
In NYPD 6th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Walter Butler, Zeke Buttermark, Gregory Faljean, Demetrios Kola, William Morris, Richard Rainero, Stephen Spataro