Complaint #201503516,
May 1, 2015

Officer: Zelikov, Vitaliy
Complainant: Black Male, 28
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Zelikov, Vitaliy
Complainant: Black Male, 28
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Zelikov, Vitaliy
Complainant: Black Male, 28
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Moylan, Steven
Complainant: Black Male, 28
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer: Zelikov, Vitaliy
Complainant: Black Male, 28
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Command Discipline A)
Officer: Moylan, Steven
Complainant: Black Male, 28
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Zelikov, Vitaliy
Complainant: Black Male, 28
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer: Vitale, Michael
Complainant: Black Male, 28
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Zelikov, Vitaliy Black Male, 28 Force: Nonlethal restraining device Substantiated (Command Discipline A)
Zelikov, Vitaliy Black Male, 28 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Zelikov, Vitaliy Black Male, 28 Force: Nightstick as club (incl asp & baton) Unfounded
Moylan, Steven Black Male, 28 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Unfounded
Zelikov, Vitaliy Black Male, 28 Abuse of Authority: Stop Substantiated (Command Discipline A)
CCRB Investigator Recommendation: Unsubstantiated
Moylan, Steven Black Male, 28 Force: Physical force Exonerated
Zelikov, Vitaliy Black Male, 28 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Unfounded
Vitale, Michael Black Male, 28 Force: Physical force 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.
'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.


Penalty

Zelikov, Vitaliy
No Disciplinary Action-DUP
No penalty

Summary

The following incident was captured on cell phone video (see Board Review #1) obtained from a witness, [redacted] who posted the footage on Facebook. At approximately 2:15 p.m. on May 1, 2015, [redacted] was stopped on the northwest corner of Hegemon Avenue and Montauk Avenue in Brooklyn by PO Steven Moylan and Lt. Vitaliy Zelikov, both from the 75th Precinct (Allegation A). Although he was initially stopped for riding his bicycle on the sidewalk, after further investigation the officers discovered that he had an open warrant, reportedly for an unpaid summons, and exited the vehicle to arrest him. As officers attempted to place him in handcuffs, [redacted] protested the arrest and walked away. As he did so, Lt. Zelikov fired a TASER into [redacted]'s back (Allegation B), though it had minimal effect on him. While PO Moylan grabbed [redacted] in a bear hug, Lt. Zelikov removed his baton and allegedly struck [redacted] on both shins at least once (Allegation C). Immediately thereafter, PO Moylan threw [redacted] to the ground so that he landed on his left hip (Allegation D). PO Moylan then mounted [redacted] on the ground and allegedly punched him on the side of his head one to two times using a closed fist (Allegation E). As Lt. Zelikov joined the struggle, he instructed unidentified members of a crowd that had formed to "Get the fuck back" (Allegation F). In order to assist PO Moylan, Lt. Zelikov then deployed the TASER against [redacted]'s back two more times (subsumed with Allegation B). Following this, Lt. Zelikov used one knee to press [redacted]'s head down against the ground, allegedly causing [redacted]'s extreme pain (Allegation G). [redacted] was subsequently handcuffed and escorted to a police van by PO Moylan and PO Michael Vitale of Patrol Borough Brooklyn North, who had just arrived on the scene to assist. As PO Vitale placed him into the back seat of the van, he allegedly punched [redacted] on the back of his right leg (Allegation H). [redacted] was transported to the 75th Precinct stationhouse... Read report for details.


Details

Incident: May 1, 2015
Received: May 4, 2015
Closed: September 26, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Video evidence collected