Complaint #201501405,
February 22, 2015

Officer: Hummel, Marc
Complainant: Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Duffy, Michael
Complainant: Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Capo, Jesus
Complainant: Male, 17
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Kelly, Thomas
Complainant: Male, 17
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Kelly, Thomas
Complainant: Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Kelly, Thomas
Complainant: Male, 17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 15-17
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Capo, Jesus
Complainant: Male, 17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Hummel, Marc Male, 17 Force: Physical force Unsubstantiated
Duffy, Michael Male, 17 Force: Physical force Exonerated
Capo, Jesus Male, 17 Abuse of Authority: Property damaged Exonerated
Kelly, Thomas Male, 17 Abuse of Authority: Question Exonerated
Kelly, Thomas Male, 17 Abuse of Authority: Stop Exonerated
Kelly, Thomas Male, 17 Abuse of Authority: Frisk Exonerated
Unknown Officer Male, 15-17 Force: Hit against inanimate object Officer(s) Unidentified
Unknown Officer Male, 15-17 Force: Physical force Officer(s) Unidentified
Capo, Jesus Male, 17 Abuse of Authority: Search (of person) 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

On February 22, 2015, at approximately 7:38 p.m., Lt. Thomas Kelly, Det. Jesus Capo, and PO Michael Duffy were canvassing for suspects in regards to an assault and stabbing that had occurred in the vicinity of West 116th Street between Lenox Avenue and Adam Clayton Powell Jr. Boulevard in Manhattan. During this canvass, Lt. Kelly, Det. Capo, and Michael Duffy observed a group of five males, one of whom was later identified as [redacted] standing in front of 61 Saint Nicholas Avenue in Manhattan. As the officers approached this group in their RMP, [redacted] walked away from the group. Lt. Kelly, Det. Capo, and PO Duffy exited the RMP and allegedly ordered him to put his hands up (Allegation A) and he complied. The officers then grabbed [redacted] jacket and pushed him into a roll-down security gate (Allegation B) without saying anything to him beforehand except ordering him to put up his hands. An officer identified by the investigation as PO Duffy twisted [redacted] arm (Allegation B cont'd) and asked him if he had anything on him (Allegation C). Lt. Kelly, Det. Capo, and PO Duffy allegedly frisked [redacted] (Allegation D). At the time, [redacted] had a serrated stainless steel kitchen knife in his left inside pocket. As the officers frisked him, the knife shifted from the pocket into the lining of the jacket. [redacted] felt the knife and remembered that it was in his jacket, which prompted him to run away from the officers. Lt. Kelly and PO Duffy pursued him on foot while Det. Capo pursued him in the RMP. All three officers lost sight of [redacted]. [redacted] ran a full lap around the block and was cut off by Sgt. Bertie Bowman, while PO Michael Dappolonia and PO Marc Hummel caught up to [redacted] on foot. The officers ordered [redacted] to get on the ground and he complied. One of the officers that were chasing him allegedly forcefully put his knee into his back (Allegation E), resulting in a bruise to his lower back. Another officer whom [redacted] could not identify allegedly held his foot on [redacted]... Read report for details.


Details

Incident: February 22, 2015
Received: February 26, 2015
Closed: September 3, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 28th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Bertie Bowman, Michael Dappolonia, Matthew Hughes