Complaint #201501642,
February 26, 2015

Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Romano, James
Complainant: Black Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Byrnes, Brian
Complainant: Black Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Lee, Thomas
Complainant: Black Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Romano, James
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Exonerated
Officer: Romano, James
Complainant: Black Female, 29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unfounded
Officer: Romano, James
Complainant: Black Male, 34
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Byrnes, Brian
Complainant: Black Male, 34
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated
Romano, James Black Male, 34 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 30-34 Discourtesy: Word Officer(s) Unidentified
Byrnes, Brian Black Male, 34 Discourtesy: Word Unsubstantiated
Lee, Thomas Black Male, 34 Discourtesy: Word Unsubstantiated
Romano, James Abuse of Authority: Threat to notify ACS Exonerated
Romano, James Black Female, 29 Abuse of Authority: Property damaged Unfounded
Romano, James Black Male, 34 Abuse of Authority: Refusal to show search warrant Substantiated (Command Discipline A)
Byrnes, Brian Black Male, 34 Abuse of Authority: Refusal to show search warrant Substantiated (Command Discipline A)

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.


Penalties

Byrnes, Brian
Formalized Training

Romano, James
Formalized Training

Summary

On February 26, 2015, at approximately 6:00 a.m., officers of Narcotics Manhattan South executed a valid search warrant in which they entered and searched Apartment [redacted], where [redacted] resided with [redacted] three children, ages [redacted] (Allegation A). Upon entering, an officer told [redacted] "Get the fuck down before we blow your motherfucking head off!" and officers asked [redacted] "Where the fuck are the guns?" (Allegation B). PO James Romano, Sgt Brian Byrnes, and PO Thomas Lee also asked [redacted] "Where the fuck are the guns?" (Allegations C, D, and E). [redacted] asked PO James Romano, Sgt Brian Byrnes, and PO Thomas Lee to show him the warrant multiple times, but he was never shown the warrant. [redacted] asked PO Lee to see the warrant as well, and also was not shown the warrant (Allegations F and G). PO Romano told [redacted] that if contraband was recovered from the apartment she would be arrested and the Administration of Child Services would be notified (Allegation H). [redacted] found that in addition to her door, her ottoman, chair, glass, and sofa were damaged as a result of the officers' actions (Allegation I). Read report for details.


Details

Incident: February 26, 2015
Received: March 9, 2015
Closed: September 3, 2015

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 7th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Dia Allen, Edwin Feliciano, Michael Franco, David Guevara, Charles Hyland, Steven Jilling, Ian Scheinblum, Johnpaul Vinculado