Complaint #201500974,
February 1, 2014

Officer: Duncan, Tracey
Complainant: Black Male, 20
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Machado, Luis
Complainant: Black Male, 20
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Machado, Luis
Complainant: Black Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Duncan, Tracey Black Male, 20 Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Machado, Luis Black Male, 20 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Machado, Luis Black Male, 20 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 18-20 Abuse of Authority: Refusal to obtain medical treatment Officer(s) Unidentified

Conclusion Meanings:

'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.
'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

Duncan, Tracey
Closed: Not guilty after trial-PC Approved, July 28, 2016
APU Not guilty

Summary

On February 1, 2014 at approximately 6 p.m., Lt. Luis Machado, PO Tracey Duncan, and PO Christine Damico of the 71st Precinct responded to the barbershop located at [redacted] Brooklyn after receiving a complaint from [redacted] that her boyfriend, [redacted] assaulted her and stole her phone. [redacted] reportedly told the officers that [redacted] worked at the barbershop, often carried a gun, and was likely to resist arrest because he was facing seven years in prison for a different offense (see Board Review 16).
Lt. Machado approached [redacted] first and attempted to handcuff him. [redacted] reportedly swung his arms to avoid being handcuffed and moved toward the back of the shop. Lt. Machado pursued him and took him to the floor. [redacted] resisted giving Lt. Machado his hands and grabbed PO Damico's handcuffs when she attempted to handcuff him. As Lt. Machado wrestled with [redacted], PO Duncan struck [redacted] with an asp eight or more times, primarily on his legs. [redacted] also alleged that he was struck in the head. (Allegation A). After this, PO Justin Smith and PO Ronald Sanchez arrived to assist and handcuffed [redacted]. PO Smith and PO Sanchez transported him to the 71st Precinct stationhouse.
At the stationhouse, [redacted] realized he was bleeding from his head and legs and asked to go to the hospital. Lt. Machado allegedly told him to "shut the fuck up" (Allegations B and C). [redacted] asked numerous other officers to go to the hospital; they did not respond to his requests (Allegation D). An Emergency Medical Technician (EMT) came to the stationhouse and wrapped the cuts on [redacted]'s legs, but he was not taken to the hospital until [redacted], after he had been taken to Brooklyn Central Booking. A [redacted] received one staple for a laceration on the left side of his scalp and numerous stitches for cuts on his legs (see medical records folder).
[redacted]'s coworker at the barbershop, recorded a video of the incident in the barbershop (see Board Review 1 and 2 for the video and... Read report for details.


Details

Incident: February 1, 2014
Received: February 11, 2015
Closed: June 30, 2015
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 70th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Christine Pensabene, David Rodgers, Ronald Sanchez, Justin Smith
Video evidence collected