Complaint #201408251,
August 3, 2014

Officer: Hardell, Thomas
Complainant: Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Francis, Marcel
Complainant: Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Francis, Marcel
Complainant: Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Male, 21-24
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Officer(s) Unidentified
Officer: Francis, Marcel
Complainant: Male, 23
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Hardell, Thomas Male, 23 Force: Physical force Unsubstantiated
Francis, Marcel Male, 23 Force: Physical force Unsubstantiated
Francis, Marcel Male, 23 Discourtesy: Word Substantiated (Command Discipline A)
Unknown Officer Male, 21-24 Abuse of Authority: Strip-searched Officer(s) Unidentified
Francis, Marcel Male, 23 Force: Hit against inanimate object Substantiated (Command Discipline A)

Conclusion Meanings:

'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.
'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

Francis, Marcel
Command Discipline - A

Summary

On August 3, 2014, at approximately 3:55 a.m., [redacted] was stopped for possession of an open container of alcohol and subsequently arrested for criminal possession of a firearm by PO Denisha Pierre, PO Marcel Francis, and Sgt. Thomas Hardell, from Patrol Borough Brooklyn North Specialized Unit, at Saint Marks Avenue and Albany Avenue in Brooklyn. PO Francis and Sgt. Hardell then allegedly punched and kicked [redacted] (Allegations A and B). After being handcuffed, PO Francis spoke discourteously to [redacted] and pushed him against a car (Allegations C and D). [redacted] was transported to the 77th Precinct stationhouse and placed in a holding cell when he was allegedly instructed by an unidentified officer to remove his pants (Allegation E). Two parts of this incident were recorded via cellphone by [redacted] is sister (Board Review 1 and 2 for videos; Board Review 14 for transcription of the videos). Read report for details.


Details

Incident: August 3, 2014
Received: August 12, 2014
Closed: July 21, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Denisha Pierre
Video evidence collected