Complaint #201405163,
May 21, 2014

Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Flynn, Francis
Complainant: Hispanic Male, 20
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Benejan, Robert
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Flynn, Francis
Complainant: Hispanic Male, 22
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Flynn, Francis
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Flynn, Francis
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Flynn, Francis
Complainant: Hispanic Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Benejan, Robert
Complainant: Hispanic Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Action
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 18-20 Force: Physical force Officer(s) Unidentified
Flynn, Francis Hispanic Male, 20 Force: Nightstick as club (incl asp & baton) Exonerated
Benejan, Robert Hispanic Male, 22 Abuse of Authority: Property damaged Unsubstantiated
Unknown Officer Hispanic Male, 21-24 Discourtesy: Word Officer(s) Unidentified
Flynn, Francis Hispanic Male, 22 Force: Nightstick as club (incl asp & baton) Unfounded
Flynn, Francis Hispanic Male, 22 Force: Physical force Unfounded
Flynn, Francis Hispanic Male, 20 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Flynn, Francis Hispanic Male, 22 Discourtesy: Word Unfounded
Benejan, Robert Hispanic Male, 22 Discourtesy: Word Unsubstantiated
Unknown Officer Hispanic Male, 18-20 Force: Physical force Officer(s) Unidentified
Unknown Officer Hispanic Male, 21-24 Discourtesy: Action 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
'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.


Summary

On May 21, 2014, at approximately 12:35 a.m., near the corner of Clay Avenue and East 168th Street in the Bronx, PO Francis Flynn and PO William Cullen of the 44th Precinct observed [redacted] and his friend, [redacted] fighting in the street. Upon initially interacting with the officers, [redacted] fled the scene. While chasing [redacted], PO Flynn allegedly threatened to shoot [redacted] (Allegation A). PO Flynn allegedly grabbed [redacted]'s hair and pushed him to the ground (Allegation B). PO Flynn then struck [redacted] with a baton (Allegation C). [redacted]'s brother, [redacted], arrived at the location, and PO Flynn allegedly spoke discourteously to him and struck him with a baton (Allegations D and E). Additional officers from multiple commands responded, and an officer allegedly kneed [redacted] in the neck then officers allegedly dragged him on the ground and pushed his chest into a police vehicle (Allegations F). While transporting [redacted] to the 44th Precinct stationhouse, PO Robert Benejan of the 44th Precinct allegedly spoke discourteously to [redacted] and threw his cell phone onto the ground, damaging its screen (Allegations G and H). Once at the stationhouse where [redacted] and [redacted]'s family members were present, an officer allegedly slapped [redacted] and lifted his arms all the way up behind his back while he was in handcuffs (Allegation I). An officer also allegedly pulled [redacted]'s hair, pushed him into a gate and spoke discourteously to him, and another officer allegedly stomped on [redacted]'s hat, spat into it, and placed it on his head while speaking discourteously to him (Allegations J and K). [redacted] and [redacted] were both arrested in regards to this incident (See Board Review 1). Read report for details.


Details

Incident: May 21, 2014
Received: May 27, 2014
Closed: August 3, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - assault (against a PO)

Witness Officers: Sabrina Alicea, William Cullen, William Esposito, Robert Mccadden, Claudio Velez, Jun Zhen