Complaint #201411157,
October 31, 2014

Officer: Murphy, James
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Gallagher, Keith
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Gallagher, Keith
Complainant: Hispanic Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Gallagher, Keith
Complainant: Hispanic Female, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Murphy, James Abuse of Authority: Premises entered and/or searched Exonerated
Gallagher, Keith Abuse of Authority: Premises entered and/or searched Exonerated
Gallagher, Keith Hispanic Male, 32 Discourtesy: Word Unfounded
Gallagher, Keith Hispanic Female, 49 Discourtesy: Word Substantiated (Formalized Training)
Unknown Officer Hispanic Male, 30-34 Discourtesy: Word Exonerated
Unknown Officer Hispanic Male, 30-34 Force: Physical force Officer(s) Unidentified
Unknown Officer Hispanic Male, 30-34 Force: Nightstick as club (incl asp & baton) Exonerated

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.

Further details on conclusions.


Penalty

Gallagher, Keith
No Disciplinary Action-DUP
No penalty

Summary

On October 31, 2014, a little after 10:30 p.m., Sgt. Keith Gallagher and PO James Murphy, both of the 101st Precinct, were informed by the building security at [redacted] in Queens that [redacted] who was banned from the building complex, was present on the 9th floor. The officers saw [redacted] enter [redacted] which belong to his ex-wife [redacted]. Sgt. Gallagher and PO Murphy followed him into the apartment, and tried to apprehend him (Allegations A and B). As he tried to grab [redacted] Sgt. Gallagher allegedly said, "Get the fuck out of here" (Allegation C). Two pitbulls latched onto PO Murphy, and the officers retreated into the hallway, and waited for back up to arrive. [redacted] argued with the officers. Sgt. Gallagher allegedly asked, "Why are you acting like a bitch?" (Allegation C cont'd). Back up arrived and entered the apartment. [redacted] alleged that an officer she could not see elbowed her in the right eye (Allegation D). When [redacted] tried to prevent the officers from removing [redacted] an officer allegedly kicked her in the back of her right calf (Allegation D cont'd). [redacted] alleged that an officer or officers, whom he could not see, punched and elbowed him in the right cheek and right side of his forehead (Allegation D cont'd). An officer struck [redacted] with an asp (Allegation E). During the struggle, an officer told [redacted] "Give me your fucking hands" (Allegation F). As the officers walked out with [redacted] Sgt. Gallagher believed that [redacted] tried to grab his gun, and said, "Don't fucking try to grab my gun" (Allegation G). When the officers were leaving, Sgt. Gallagher was telling some newly arrived officers about what had transpired, and told them, in reference to [redacted] "This one's fucking crazy" (Allegation G cont'd). Two videos captured some of the incident (encl. 7A-B). Read report for details.


Details

Incident: October 31, 2014
Received: November 3, 2014
Closed: September 18, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 101st Precinct Queens
Outcome: Arrest - disorderly conduct

Witness Officers: Robert Breuer, Matthew Carson, Brian Chavanne, Steve Crozier, Francis Devlin, Matthew Glynn, Javier Rios
Video evidence collected