Complaint #201406305,
June 17, 2014

Officer: Unknown Officer
Complainant: White Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Avery, Michael
Complainant: White Male, 23
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Avery, Michael
Complainant: White Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ramirez, Thomas
Complainant: White Female, 18
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Ramirez, Thomas
Complainant: White Male, 23
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Avery, Michael
Complainant: White Male, 23
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Avery, Michael
Complainant: White Male, 23
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Avery, Michael
Complainant: White Male, 23
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Avery, Michael
Complainant: White Female, 68
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: White Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: White Male, 21-24
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Officer(s) Unidentified
Officer: Ramirez, Thomas
Complainant: White Female, 18
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Ramirez, Thomas
Complainant: White Female, 18
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Ramirez, Thomas
Complainant: White Female, 18
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Ramirez, Thomas
Complainant: White Female, 18
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Avery, Michael
Complainant: White Male, 58
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Ramirez, Thomas
Complainant: White Female, 18
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Avery, Michael
Complainant: White Male, 23
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Avery, Michael
Complainant: White Male, 44
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Avery, Michael
Complainant: White Male, 23
Allegation: Force: Other
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer White Male, 21-24 Discourtesy: Word Officer(s) Unidentified
Avery, Michael White Male, 23 Abuse of Authority: Vehicle search Unsubstantiated
Avery, Michael White Male, 23 Force: Physical force Unsubstantiated
Ramirez, Thomas White Female, 18 Force: Physical force Substantiated (Charges)
Ramirez, Thomas White Male, 23 Force: Pepper spray Exonerated
Avery, Michael White Male, 23 Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Avery, Michael White Male, 23 Force: Chokehold Substantiated (Charges)
Avery, Michael White Male, 23 Force: Gun Pointed Exonerated
Avery, Michael White Female, 68 Discourtesy: Word Unsubstantiated
Unknown Officer White Male, 21-24 Force: Physical force Officer(s) Unidentified
Unknown Officer White Male, 21-24 Abuse of Authority: Refusal to provide name/shield number Officer(s) Unidentified
Ramirez, Thomas White Female, 18 Discourtesy: Word Unsubstantiated
Ramirez, Thomas White Female, 18 Force: Pepper spray Unsubstantiated
Ramirez, Thomas White Female, 18 Force: Pepper spray Substantiated (Charges)
Ramirez, Thomas White Female, 18 Force: Physical force Exonerated
Avery, Michael White Male, 58 Discourtesy: Word Unsubstantiated
Ramirez, Thomas White Female, 18 Offensive Language: Other Unsubstantiated
Avery, Michael White Male, 23 Force: Gun Pointed Unfounded
Avery, Michael White Male, 44 Discourtesy: Word Unsubstantiated
Avery, Michael White Male, 23 Force: Other Substantiated (Charges)

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
'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.


Penalties

Avery, Michael
Closed: MOS Retired, December 10, 2015
APU Closed: MOS Retired

Ramirez, Thomas
Closed: Previously adjudicated, without discipline, May 12, 2017
APU Closed: Previously adjudicated, without discipline
No penalty

Summary

On June 17, 2014, at 6:39 p.m., on 28th Avenue at 147th Street in Queens, [redacted] his sister [redacted] and her friends, [redacted] and [redacted] were stopped in a car by Det. Michael Avery and Det. Thomas Ramirez of Narcotics Borough Queens. The following was alleged: Det. Avery and Det. Ramirez spoke discourteously to the group (Allegations A and B) and searched the car (Allegation C). As Det. Avery was apprehending [redacted] reacted to this and Det. Ramirez punched her in the face (Allegation D). [redacted] began resisting arrest, at which point, Det. Ramirez pepper sprayed him and [redacted] (Allegations E and F). [redacted] ran away from the officers, headed down the street toward his residence, located about a block away, and Det. Avery ran after him. When [redacted] ran past a bystander, [redacted] and [redacted] did not stop him, Det. Avery spoke discourteously to [redacted] (Allegation G). Det. Ramirez entered his patrol car and followed Det. Avery and [redacted] ran down the street toward her residence. On 28th Avenue between 47th Street and 146th Street, Det. Ramirez returned in his patrol car. He pepper sprayed [redacted] again (Allegation H), used physical force against her (Allegation I) and spoke offensively to her (Allegation J).
Meanwhile, [redacted] reached his residence, a two-family house located at [redacted]. He and Det. Avery entered the front door of his landlord. Inside, Det. Avery struck [redacted] with an asp (Allegation K) and used physical force on him (Allegation L). When Det. Avery led [redacted] out of the residence, he placed [redacted] in a chokehold thereby restricting his breathing (Allegations M and N). When Is stepfather [redacted] and his grandmother [redacted] his mother [redacted] exited the residence, Det. Avery pointed his gun at [redacted] (Allegation O). Det. Avery then pointed his gun at [redacted] and [redacted] (Allegation P), and spoke discourteously to [redacted] (Allegation Q).
Backup officers who eventually arrived used physical force against [redacted]... Read report for details.


Details

Incident: June 17, 2014
Received: June 24, 2014
Closed: June 25, 2015
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 109th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Gregory Aliperti, Michael Callahan, Joseph Fastaia, Lawrence Fiorello, Christopher Grebosz, Joan Hidalgo, Mingfang Ho, Jawad Javed, Richard Kaercher, Dimitrios Sotiriou, Fang Wang, Jason Whyte
Video evidence collected