Complaint #201408921,
August 29, 2014

Officer: Smith, Michael
Complainant: Black Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Smith, Michael Black Male, 35 Force: Physical force Substantiated (Charges)

Conclusion Meanings:

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

Further details on conclusions.


Penalty

Smith, Michael
Closed: Not guilty after trial-PC Approved, July 28, 2016
APU Not guilty

Summary

On August 29, 2014 at approximately 7:50 a.m., PO Michael Smith and PO Michele Butera, of the 44th Precinct, responded to a radio run of a stolen cell phone and stopped [redacted] who fit the description of the perpetrator of the stolen cell phone as he was holding a walker and wearing blue jeans and a hooded sweatshirt. [redacted] was walking to work when she observed, PO Smith and PO Butera struggling on the ground with [redacted] trying to place him in handcuffs on Morris Avenue between East 171st Street and East 172nd Street in the Bronx. [redacted] observed PO Smith punch [redacted] in the face two to three times (Allegation A) and began taking photographs. PO Smith then told [redacted] that [redacted] had stolen a cell phone. [redacted] called the CCRB and filed the complaint as a complainant/witness. She was unaware of the identities of the officers or the civilian involved in the altercation she observed. Through investigation, the victim was identified as [redacted] was taken to the hospital as an Emotionally Disturbed Person. [redacted] was not arrested or summonsed. Read report for details.


Details

Incident: August 29, 2014
Closed: June 22, 2015
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Michele Butera