Complaint #201500002,
December 22, 2014

Summary

At approximately 3:00 a.m. on December 22, 2014, an intoxicated and homeless [redacted] entered a McDonalds on East 14th Street between 1st Avenue and Avenue A, in Manhattan. [redacted] ordered a coffee and then passed out at a table. At 5:41 a.m., employees of the McDonalds called 911 after [redacted] refused multiple requests to leave the restaurant. Two uniformed officers, PO Darin Lazar and PO Michael Delwey of the 9th Precinct, arrived at the McDonalds after approximately ten minutes. PO Lazar approached [redacted] and told him to exit the restaurant. [redacted] refused these commands and yelled at the officers. PO Lazar then lifted him out of his seat by his shoulders. [redacted] was unable to stand on his own, so PO Lazar pulled him by his shoulders towards the front door. Once at the front door, PO Lazar pushed [redacted] by the shoulder and chest. This forced [redacted] backwards and the top of his head went through the glass door (Allegation A). [redacted] sustained multiple lacerations on his head and received multiple staples to treat his injuries. PO Lazar then handcuffed [redacted] and he was transported to [redacted]. Later that day, [redacted] went to the 9th Precinct stationhouse and PO Lazar processed his arrest. PO [redacted] was charged with [redacted] (Arrest Report Board Review 03). [redacted] did not provide a sworn statement to the CCRB [redacted] statement Board Review 04). Two angles of surveillance footage from McDonalds captured the incident and were obtained by the investigation. Read report for details.