Complaint #201404783,
January 10, 2014

Officer: Cusack, William
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Command Discipline A)
Officer: Cusack, William
Complainant: Black Female, 34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Cusack, William Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
CCRB Investigator Recommendation: Exonerated
Cusack, William Black Female, 34 Abuse of Authority: Threat of arrest Unsubstantiated
Unknown Officer Black Male, 25-29 Force: Physical force Unfounded

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Cusack, William
No Disciplinary Action-DUP
No penalty

Summary

On January 10, 2014, at approximately 6:00 p.m., [redacted] and his brother [redacted] got stuck in an elevator in [redacted] building, located at [redacted]. Firefighters responded, and [redacted] argued with them over the length of time it took to extricate them from the elevator. After they were freed, there was no further interaction. Approximately two hours later, Lt. William Cusack, PO Marco Chavez, PO Asghar Mahmood, and PO Rosalie Joseph of the 70th Precinct responded to the apartment where [redacted] and [redacted] were with [redacted]s girlfriend [redacted] and [redacted]s [redacted]-old daughter. [redacted] went out to the hallway. [redacted] was immediately handcuffed. Lt. Cusack asked [redacted] who else was in the apartment and said that the officers needed to get inside the apartment. [redacted] stated that she would not allow the officers to enter her apartment without a warrant. [redacted] went back into the apartment to retrieve shoes for [redacted]. As she opened the apartment door, PO Mahmood pushed the door open and entered with Lt. Cusack and PO Chavez (Allegation A). The officers spotted [redacted] in a bedroom and asked him to come out to the living room. [redacted] alleged that as he came outside, one of the officers (he could not recall which) tackled him to the ground (Allegation B). [redacted] was handcuffed in the building's hallway and the officers escorted him downstairs. [redacted] followed them downstairs and asked Lt. Cusack why [redacted] was being arrested. Lt. Cusack told [redacted] not to speak to him otherwise he would arrest her because she resisted allowing the officers into her apartment (Allegation C). [redacted] then returned upstairs to her apartment. [redacted] and [redacted] were both arrested and charged with [redacted]. Read report for details.


Details

Incident: January 10, 2014
Received: May 16, 2014
Closed: February 26, 2015

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 70th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Marco Chavez, Rosalie Joseph, Asghar Mahmood