Complaint #201402786,
March 12, 2014

Officer: Tucker, Kenny
Complainant: Black Male, 29
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rios, Michael
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Tucker, Kenny
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Tucker, Kenny
Complainant: Black Male, 29
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Tucker, Kenny
Complainant: Female, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Tucker, Kenny Black Male, 29 Force: Pepper spray Substantiated (Command Discipline A)
Rios, Michael Black Male, 29 Abuse of Authority: Frisk Unsubstantiated
Tucker, Kenny Black Male, 29 Abuse of Authority: Frisk Unsubstantiated
Tucker, Kenny Black Male, 29 Abuse of Authority: Other Unsubstantiated
Tucker, Kenny Female, 25 Discourtesy: Word Alleged Victim Uncooperative

Conclusion Meanings:

'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.


Summary

On March 12, 2014, at approximately 1:00 a.m., [redacted] was walking with his friends, [redacted] and [redacted] in the vicinity of the intersection of East 58th Street and Avenue M in Brooklyn. The full name or contact information of [redacted] are unknown to [redacted] the only civilian who cooperated with this investigation. At some point, two officers, identified via investigation as PO Kenny Tucker and PO Michael Rios from the 63rd Precinct, pulled over nearby [redacted] in an unmarked patrol car. Around that time, [redacted] dropped a paper plate, which he was using while eating pizza, onto the ground. The officers eventually exited the patrol car and approached [redacted] Thereafter, PO Tucker pulled [redacted] toward and against the patrol car. PO Tucker allegedly replied to [redacted] after she asked what was going on, "He littered, that's what the fuck is going on" (Allegation A). The officers then allegedly frisked [redacted] including his pockets (Allegations B and C). [redacted] then provided his identification to PO Tucker who subsequently entered the patrol car, exited it, and then handcuffed him. [redacted] was arrested after PO Tucker requested a warrant check for [redacted] via phone or radio, which was conducted by PO Annette Grant, from the 63rd Precinct. Later, [redacted] attempted to give his property to [redacted] while being handcuffed, and PO Tucker pepper-sprayed him (Allegation D). [redacted] was later transported to the 63rd Precinct stationhouse and was eventually released with a summons for [redacted] and another for [redacted] (Allegation E). Read report for details.


Details

Incident: March 12, 2014
Received: March 17, 2014
Closed: March 31, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 63rd Precinct Brooklyn
Outcome: Arrest - other violation/crime