Complaint #201407876,
August 2, 2014

Officer: Ortega, Emilio
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Mccaughey, Brian
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Ortega, Emilio
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Ortega, Emilio Hispanic Male, 31 Abuse of Authority: Threat of arrest Exonerated
Mccaughey, Brian Hispanic Male, 31 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)
Ortega, Emilio Hispanic Male, 36 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Ortega, Emilio
Command Discipline - A

Mccaughey, Brian
Command Discipline - A

Summary

On August 2, 2014 at 4:30 p.m., [redacted] was having a family gathering at his residence, [redacted] in Brooklyn. According to [redacted] his music was playing at the volume of five decibels on a ten decibel music scale. Suddenly, [redacted] noticed that an officer, identified via investigation as PO Emilio Ortega of the 79th Precinct, was standing on the porch of his residence.
PO Ortega told [redacted] to turn off his music, which [redacted] did not do and PO Ortega threatened to arrest him if he did not comply with that directive (Allegation A). [redacted] then turned the music off. Then, PO Ortega left the incident location with his partner, identified via investigation as PO Rodney Hale of the aforementioned command.
Later that day, at approximately 6:30 p.m. [redacted] his friend [redacted] who was deemed unavailable during the investigation, and his cousin, [redacted] subsequently went to the 79th Precinct stationhouse. [redacted] spoke with an officer seated at a desk, identified via investigation as PO Rosanna Milton of the 79th Precinct. While [redacted] attempted to file a complaint against PO Ortega, PO Ortega and PO Hale escorted [redacted] out of the stationhouse by grabbing his arm and leading him outside (Allegation B).
Outside, [redacted] allegedly requested that an officer, identified via investigation as Lt. Brian McCaughey, file a complaint against PO Ortega. Lt. McCaughey responded that he would do so later that day; however Lt. McCaughey never gave [redacted] paperwork to do so (Allegation C). Finally, [redacted] and [redacted] left the vicinity of the precinct. Read report for details.


Details

Incident: August 2, 2014
Received: August 4, 2014
Closed: June 25, 2015

Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 79th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Rosanna Blais, Rodney Hale, John Randazzo
Video evidence collected