Complaint #201500557,
January 19, 2015

Officer: Mcavoy, Michael
Complainant: Black Male, 18
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lopez, Steven
Complainant: Black Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Lopez, Steven
Complainant: Black Male, 18
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Mcavoy, Michael
Complainant: Black Male, 18
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Tancredi, John
Complainant: Black Male, 18
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Female, 35-39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Female, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Tancredi, John
Complainant: Black Male, 18
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mcavoy, Michael Black Male, 18 Force: Physical force Substantiated (Command Discipline B)
Unknown Officer Black Male, 18-20 Force: Physical force Exonerated
Lopez, Steven Black Male, 18 Abuse of Authority: Stop Exonerated
Lopez, Steven Black Male, 18 Abuse of Authority: Frisk Exonerated
Mcavoy, Michael Black Male, 18 Discourtesy: Word Unfounded
Tancredi, John Black Male, 18 Discourtesy: Word Unsubstantiated
Unknown Officer Female, 35-39 Abuse of Authority: Refusal to provide name/shield number Officer(s) Unidentified
Unknown Officer Female, 35-39 Discourtesy: Word Officer(s) Unidentified
Tancredi, John Black Male, 18 Abuse of Authority: Threat of arrest Unsubstantiated

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.
'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

Mcavoy, Michael
Command Discipline - B

Summary

On January 19, 2015, at approximately 3:15 p.m., [redacted] was standing outside of [redacted] in Staten Island with [redacted]. An unmarked police vehicle pulled up in front of them, and four police officers in plainclothes, Det. Steven Lopez, Sgt. John Tancredi, PO Christopher Eng, and PO Gregory Howard, exited and approached [redacted] became nervous, and took a step back to flee from the officers. Det. Lopez grabbed [redacted]'s arm, and told him that he fit the description of an armed robbery suspect (Allegation A). Det. Lopez frisked [redacted] (Allegation B), despite his protests, and [redacted] told [redacted] to run upstairs and get his mother, [redacted] from inside of [redacted].
[redacted] complained to the officers while Det. Lopez frisked him, prompting Sgt. Tancredi to say, "You want to be a dickhead? We're gonna arrest you right now and bring you to the precinct" (Allegations C and D). Another police vehicle pulled up, and a civilian in that car identified that [redacted] was not the robbery suspect.
[redacted] was told to have a nice day, and he started walking towards the entrance of [redacted]. At this point, approximately five police vehicles were parked outside of the building, and a large group of police officers had formed. [redacted] and [redacted] exited the building, and [redacted] started to recount to [redacted] what had happened outside of the building. PO Michael McAvoy, a uniformed officer who had arrived on the scene, started yelling at [redacted]. [redacted] in turn began to yell insults and profanities towards PO McAvoy. PO McAvoy replied, "Oh yeah? You fucking tough guy?" (Allegation E).
[redacted] and [redacted] started walking back towards the entrance of the building. [redacted] and PO McAvoy continued shouting at each other as they did so. As [redacted] and [redacted] were at the doorway to the vestibule of the building, PO McAvoy ran over to them, and punched [redacted] on the left side of his head (Allegation F), causing [redacted] to stumble into the vestibule.
PO... Read report for details.


Details

Incident: January 19, 2015
Received: January 26, 2015
Closed: August 17, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 120th Precinct Staten Island
Outcome: Arrest - assault (against a PO)

Witness Officers: Kizzy Adonis, Christine Christensen, Christopher Eng, Gregory Howard, Joseph Innocente, Eric Johnson
Video evidence collected