Complaint #201500154,
January 1, 2015

Officer: Burke, Jonathan
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Karin
Complainant: White Male, 28
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Hickey, Brian
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Hickey, Brian
Complainant: Male
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Burke, Jonathan Male Discourtesy: Word Unsubstantiated
Martinez, Karin White Male, 28 Force: Pepper spray Exonerated
Hickey, Brian Male Discourtesy: Word Exonerated
Hickey, Brian Male Force: Physical force 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.
'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.


Summary

At approximately 12:55 a.m. on January 1, 2015, PO Luis Diaz and PO Jose Aracena of the 7th Precinct responded to a noise complaint at Ludlow Street and Stanton Street, in Manhattan. They found that a large crowd was playing music and dancing in the middle of the street, obstructing traffic. The officers called for backup. A large number of officers from several commands, including the 7th Precinct and PSA 4, responded. Among these officers were Sgt. Yeveniy Busheyev, PO Brian Hickey, PO Jonathan Burke, and PO Karin Martinez of the 7th Precinct. When officers asked for the music to be turned off, the crowd became hostile, and began chanting anti-police slogans, including, "All I want for Christmas is two dead pigs." The police took no direct actions towards the crowd initially, instead waiting for them to disperse on their own. At approximately 1:21 a.m., one of the civilians, [redacted] was arrested for [redacted] by PO Mykhaylo Batsyk of PSA 4. [redacted] was taken into custody without incident.
At approximately 1:26 a.m., officers attempted to remove [redacted] from the street in a marked RMP. By this time, the civilians had cleared out of the street. When the RMP attempted to leave, however, another civilian, [redacted] stepped in front of the car and began dancing. Several officers, including Sgt. Busheyev and PO Hickey, approached [redacted] to arrest her for obstructing traffic. [redacted] fled to a nearby sidewalk. As Sgt. Busheyev attempted to handcuff [redacted] several unidentified civilians approached him. PO Hickey pushed one of these civilians away, telling him, "Get the fuck out of here" (Allegation A and B). The civilian PO Hickey pushed fell to the ground, at which point PO Burke and several unidentified officers stood over him and pushed him back to the ground when he attempted to stand. When another civilian approached PO Burke from behind, PO Burke turned towards him and stated, "Get the fuck off of me, alright?" He then made a second statement that included the words "Fucking" and "hit"... Read report for details.


Details

Incident: January 1, 2015
Received: January 9, 2015
Closed: June 30, 2015

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 7th Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: Jose Aracena, Yevgeniy Bushuyev, Joseph Carlsen, Luis Diaz, Michael Palombo, Luis Perez
Video evidence collected