Complaint #201408993,
August 30, 2014

Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Maloney, Thomas
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Lovelock, Charles
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Tergesen, William
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Tergesen, William
Complainant: Black Male, 41
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Tergesen, William
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Tergesen, William
Complainant: Black Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unsubstantiated
Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Discourtesy: Gesture
CCRB Conclusion: Unsubstantiated
Officer: Mccaffrey, Michael
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Figari, Jason
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Tergesen, William
Complainant: Black Male, 41
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Tergesen, William
Complainant: Black Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Mccaffrey, Michael
Complainant: Black Male, 41
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Tergesen, William
Complainant: Hispanic Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Offensive Language: Race
CCRB Conclusion: Officer(s) Unidentified
Recategorized as: Offensive Language: Other
Officer: Ernyey, Richard
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Ernyey, Richard Black Male, 41 Force: Physical force Unsubstantiated
Maloney, Thomas Black Male, 41 Force: Physical force Unsubstantiated
Lovelock, Charles Black Male, 41 Force: Physical force Unsubstantiated
Tergesen, William Black Male, 41 Force: Physical force Unsubstantiated
Tergesen, William Black Male, 41 Discourtesy: Action Substantiated (Command Discipline A)
Tergesen, William Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Tergesen, William Black Male, 41 Discourtesy: Word Substantiated (Command Discipline A)
Ernyey, Richard Black Male, 41 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Ernyey, Richard Black Male, 41 Force: Handcuffs too tight Unsubstantiated
Ernyey, Richard Black Male, 41 Discourtesy: Word Unsubstantiated
Ernyey, Richard Black Male, 41 Discourtesy: Gesture Unsubstantiated
Mccaffrey, Michael Black Male, 41 Force: Physical force Unsubstantiated
Figari, Jason Black Male, 41 Force: Physical force Unsubstantiated
Tergesen, William Black Male, 41 Abuse of Authority: Seizure of property Substantiated (Command Discipline A)
Ernyey, Richard Black Male, 41 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Unknown Officer Black Male, 40-44 Discourtesy: Word Officer(s) Unidentified
Tergesen, William Black Male, 41 Discourtesy: Word Alleged Victim Uncooperative
Unknown Officer Hispanic Male, 30-34 Discourtesy: Word Alleged Victim Uncooperative
Ernyey, Richard Black Male, 41 Force: Hit against inanimate object Substantiated (Command Discipline A)
Mccaffrey, Michael Black Male, 41 Force: Hit against inanimate object Substantiated (Command Discipline A)
Unknown Officer Black Male, 40-44 Abuse of Authority: Property damaged Officer(s) Unidentified
Tergesen, William Hispanic Male, 30 Force: Physical force Alleged Victim Uncooperative
Unknown Officer Black Male, 40-44 Offensive Language: Race Officer(s) Unidentified
Recategorized as Offensive Language: Other on December 9, 2024
Ernyey, Richard Black Male, 41 Force: Physical force Unsubstantiated

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

Mccaffrey, Michael
Command Discipline - A

Summary

On September 2, 2014, [redacted] filed this complaint via phone on behalf of [redacted] On August 30, 2014, [redacted] was hosting a party at his residence, [redacted] in Queens. There were approximately 10-15 guests, and music was playing in his back yard from speakers attached to [redacted]s laptop. At approximately 9:45pm, officers in a marked police van responded to the location due to the volume of the music. Sgt. William Tergesen exited the van, along with other officers. [redacted] was standing in his driveway, behind a gate that separated the front and back yards, and told the officers to not enter his backyard. Sgt. Tergesen and the officers complied, and Sgt. Tergesen spoke to [redacted]. While doing so, he allegedly blew cigar smoke in his face (Allegation A), as well as allegedly directed profanity towards him (Allegation B). [redacted] called 911, and informed the operator of the situation. During this time, Sgt. Tergesen had requested his identification approximately three times, and [redacted] refused to comply.
While still on the phone, Sgt. Tergesen ordered the other officers, PO Jason Figari, PO Richard Ernyey, PO Charles Lovelock, PO Michael McCaffrey, and PO Thomas Maloney to place [redacted] under arrest. While doing so, a struggle ensued, and [redacted] alleged that PO Ernyey punched him in the left forehead twice, and he was then pushed into the gate by Sgt. Tergesen and the other five officers. [redacted] was then allegedly brought to the ground, and while positioned on his chest, officers allegedly stepped on his head, put an arm on the back of his neck, stepped on his hands, and kicked and punched him on his body and head (Allegations C, D, E, F, G, and H). [redacted] alleged that he was kicked in the head at least ten times, and punched in the head an unknown number of times, and this happened both before and after he was handcuffed. During his arrest, [redacted] alleged that he was not resisting in any way.
[redacted] was then escorted to the police van by PO Ernyey and PO... Read report for details.


Details

Incident: August 30, 2014
Received: September 2, 2014
Closed: September 4, 2015
Last Updated: December 11, 2024

Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 113th Precinct Queens
Outcome: Arrest - other violation/crime

Video evidence collected