Complaint #201503116,
April 12, 2015

Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Officer(s) Unidentified
Officer: Barry, Stephen
Complainant: Hispanic Male, 48
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Abuse of Authority: Question
CCRB Conclusion: Officer(s) Unidentified
Officer: Mack, Richard
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Mack, Richard
Complainant: Male, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 45-49 Abuse of Authority: Threat of arrest Officer(s) Unidentified
Barry, Stephen Hispanic Male, 48 Offensive Language: Sexual orientation Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Unknown Officer Hispanic Male, 45-49 Abuse of Authority: Question Officer(s) Unidentified
Mack, Richard Hispanic Male, 48 Abuse of Authority: Threat of arrest Unsubstantiated
Mack, Richard Male, 49 Discourtesy: Word Alleged Victim Uncooperative

Conclusion Meanings:

'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 April 12, 2015, [redacted] s dirt bike was taken from him by an unidentified male and later vouchered as investigatory evidence by PO Stephen Barry of the 40th Precinct after the male was observed by officers to be riding the dirt bike recklessly. On the same day, at approximately 2:00 p.m., [redacted] went into the 40th Precinct stationhouse to retrieve his dirt bike and file a criminal complaint that the dirt bike was stolen. [redacted] spoke to an unidentified white, male officer, who allegedly told him, "Let me tell you something. Get the hell out of my precinct before I arrest you" (Allegation A). [redacted] told this officer that he was there to retrieve his property and asked why he had a problem. The officer then allegedly said, "If you don't get out of my precinct, I am going to arrest you. Just get the hell out of here now. I'm Irish and I'm not stupid. I know how this goes. As a matter of fact, give me your ID" (also Allegation A and Allegation B). [redacted] reached for his wallet to comply, but dropped it on the floor before he could retrieve his ID. The unidentified officer then allegedly said, "Get your wallet and get the hell out of here before I lock you up" (also Allegation A). [redacted] was not arrested or summonsed. [redacted] then left the precinct. Between April 12, 2015 and April 22, 2015, [redacted] went to the 40th Precinct stationhouse at least 9 times to retrieve his dirt bike, but was unsuccessful after each trip.
On April 22, 2015, at approximately 8:45 p.m., [redacted] went to the 40th Precinct stationhouse with [redacted] and [redacted]. spoke to PO Barry, who allegedly told [redacted] "Oh well we already know who the person is. He's your lover" referring to the male suspect (Allegation C). [redacted] and [redacted] continued to speak to PO Barry for approximately nine minutes. During this time, approximately 10 additional officers came out to watch the conversation. Eventually, Lt. Richard Mack came out to the desk area and allegedly said, "There's an investigation going on.... Read report for details.


Details

Incident: April 12, 2015
Received: April 23, 2015
Closed: October 22, 2015
Last Updated: December 11, 2024

Reason for contact: C/V at PCT to retrieve property
Location: Police building
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Arie Froimovich, Kevon Sample, Kieran Waters