Complaint #201502891,
January 9, 2015

Officer: Higgins, Sean
Complainant: Hispanic Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Higgins, Sean
Complainant: Hispanic Male, 26
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Higgins, Sean
Complainant: Hispanic Male, 26
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Nicalek, Jennifer
Complainant: Hispanic Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Higgins, Sean Hispanic Male, 26 Discourtesy: Word Unsubstantiated
Higgins, Sean Hispanic Male, 26 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Higgins, Sean Hispanic Male, 26 Abuse of Authority: Threat of arrest Exonerated
Nicalek, Jennifer Hispanic Male, 26 Discourtesy: Word 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.
'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 January 9, 2015, at 8:47 p.m., [redacted] was at home at [redacted] in the Bronx when she called 911, stating that [redacted]. PO Sean Higgins and PO Jennifer Nicalek of the 43rd Precinct arrived shortly after and spoke with [redacted] and [redacted] older daughter, [redacted] and determined that the complaint was false. PO Higgins and PO Nicalek went upstairs to speak with [redacted] and her boyfriend, [redacted]. At this time, a dog belonging to [redacted] but living with [redacted] ran out of the apartment and towards [redacted] The officers determined that the dog belonged to [redacted] and permitted him to keep it, resulting in [redacted] and [redacted] becoming emotional and speaking loudly towards the officers. [redacted] was verbally combative with the officers and PO Higgins allegedly told PO Nicalek that he was going to "beat his fucking ass." This comment was made in reference to [redacted] (Allegations A and B).
[redacted] asked PO Higgins who he was threatening and PO Higgins confirmed that he was threatening him.
[redacted] further alleged that PO Higgins told [redacted] to, "shut the fuck up" at this time (Allegation B continued). [redacted] alleged that PO Higgins said, "You're lucky I don't arrest your ass for a misdemeanor because you're over there making false complaints, (Allegation C). [redacted] and [redacted] were removed from the location due to [redacted]s admission that he was not taking medication for his bi-polar disorder and his assertion that [redacted] was suffering from a nervous breakdown. As [redacted] was being led from the apartment, PO Nicalek allegedly informed her that [redacted] was a "nutcase." [redacted] alleged that he hard PO Nicalek tell [redacted] that she was "crazy," (Allegation D) (encl. 4A 6D). [redacted] and [redacted] were removed the building as EDPs and brought to [redacted]. They were not placed under arrest or issued any summonses. Read report for details.


Details

Incident: January 9, 2015
Received: April 16, 2015
Closed: August 31, 2015

Reason for contact: C/V telephoned PCT
Location: Apartment/house
In NYPD 43rd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Hugh Barry, Jeffrey Filizzola