Complaint #201405990,
June 11, 2014

Officer: Burckhard, Joseph
Complainant: Hispanic Male, 52
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Dima, Vincent
Complainant: Hispanic Male, 52
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Dima, Vincent
Complainant: Hispanic Male, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Thomas, Lawrence
Complainant: Hispanic Male, 52
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Burckhard, Joseph
Complainant: Hispanic Male, 52
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Dima, Vincent
Complainant: Hispanic Male, 52
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Burckhard, Joseph Hispanic Male, 52 Force: Physical force Unsubstantiated
Dima, Vincent Hispanic Male, 52 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Dima, Vincent Hispanic Male, 52 Discourtesy: Word Unsubstantiated
Thomas, Lawrence Hispanic Male, 52 Force: Hit against inanimate object Unsubstantiated
Unknown Officer Hispanic Male, 50-54 Force: Physical force Exonerated
Burckhard, Joseph Hispanic Male, 52 Abuse of Authority: Stop Exonerated
Dima, Vincent Hispanic Male, 52 Abuse of Authority: Stop 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.
'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 June 11, 2014, at approximately 11:43pm, [redacted] was walking down the street in the vicinity of 4492 Broadway in Manhattan, allegedly in possession of 24 ounce can of Coors beer in plain view. [redacted] observed a marked police vehicle pull up next to him and stop. When [redacted] noticed the officers, identified via the investigation as Sgt. Joseph Burckhard, PO William Beattie, and PO Lawrence Thomas from the 34th Precinct, he allegedly placed the beer on a nearby cooler and attempted to walk away. The officers exited the vehicle, and Sgt. Burckhard stopped and spoke with [redacted] and PO Thomas and PO Beattie did so at a later point (Allegation A).
Sgt. Burckhard asked [redacted] for identification, and [redacted] refused, allegedly multiple times. As a result, the officers attempted to place [redacted] under arrest, resulting in a physical struggle. [redacted] testified that he was punched in the left eye by Sgt. Burckhard with a closed fist; however, the investigation determined via medical records and his arrest photo that [redacted] in fact sustained injuries to his right eye. The alleged punch caused [redacted] to fall to the ground, and PO Beattie and PO Thomas then pinned [redacted] to the ground and put their knees into his back (Allegations B and C).
After being handcuffed and removed from the scene, [redacted] was being escorted into the 34th Precinct stationhouse. During this time, PO Thomas allegedly grabbed [redacted] by the collar of his shirt and threw him against a wall (Allegation D). At some point during the incident, either in the vicinity of 4492 Broadway or outside the 34th Precinct stationhouse, [redacted] sustained a laceration or swelling to his left eye [redacted] Once inside the stationhouse, [redacted] requested medical attention, and he was taken to [redacted]
On July 9, 2014, [redacted] was again in the same vicinity of 4492 Broadway in Manhattan when PO Beattie and PO Vincent Dima pulled up next to him in a marked police van and allegedly instructed [redacted] to come... Read report for details.


Details

Incident: June 11, 2014
Received: June 17, 2014
Closed: May 15, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: William Beattie, Edwin Florez, Joseph Ierna