Complaint #201500837,
February 4, 2015

Summary

On February 4, 2015, at approximately 8:00 p.m., in the Nevins Street Subway Station (Manhattan-bound platform for the 2,3,4,5 trains) in Brooklyn, [redacted] was stopped by PO Joseph Schwaner, of Transit District 30, for smoking an electronic cigarette within the subway station. [redacted] video recorded the incident on his cellphone from the beginning. PO Thomas Marksberry, of Transit District 30, was working with PO Schwaner and stood off to the side while PO Schwaner asked [redacted] for identification several times. After a few minutes, PO Marksberry started to approach [redacted] and PO Schwaner. [redacted] pointed his cellphone towards PO Marksberry and asked him for his name and shield number. PO Marksberry responded, "I am not giving you nothing." (Allegation A). PO Marksberry then removed his cellphone from his pocket, approached [redacted] with his cellphone held out, and placed his cellphone in close proximity to [redacted] cellphone. [redacted] expressed his discomfort with PO Marksberry's actions and asked him to back away. PO Marksberry disregarded [redacted] requests and continued to hold his phone in close proximity to [redacted]. PO Marksberry then mocked [redacted] by repeating [redacted] requests that he back away, word for word, back to him (Allegation B). [redacted] was released without a summons. [redacted] did not cooperate with the investigation (encl. G1); however, [redacted] provided video evidence of this interaction (encl. G2-6).
Case number 201500997 was created as a spin off to the Office of the Chief of Department regarding PO Marksberry recording [redacted] on his cellphone. Read report for details.