Complaint #201506339,
July 27, 2015

Officer: Marshall, Robert
Complainant: Black Male, 65
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Marshall, Robert
Complainant: Black Male, 65
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Marshall, Robert
Complainant: Black Male, 65
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Exonerated
Officer: Marshall, Robert
Complainant: Black Male, 65
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Marshall, Robert
Complainant: Black Male, 65
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Marshall, Robert Black Male, 65 Abuse of Authority: Stop Exonerated
Marshall, Robert Black Male, 65 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Marshall, Robert Black Male, 65 Abuse of Authority: Retaliatory summons Exonerated
Marshall, Robert Black Male, 65 Abuse of Authority: Frisk Substantiated (Formalized Training)
Marshall, Robert Black Male, 65 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.
'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

Marshall, Robert
Formalized Training

Summary

On July 27, 2015, around 4:40 p.m., [redacted] was walking down 4th Avenue until Bergen Street. [redacted] crossed 4th Avenue at the corner of Bergen Street and proceeded to walk down Bergen Street. After he crossed 4th Avenue, PO Robert Marshall, of the 78th Precinct, stopped [redacted] and told him that he had seen him drinking a beer (Allegation A). PO Marshall also allegedly pushed [redacted]'s shoulders once with the palms of his hands (Allegation B). PO Marshall then frisked and searched [redacted]'s bag (Allegation C, Allegation D). [redacted] and PO Marshall and PO Joshua Gregory, also of the 78th Precinct, started having a "heated" conversation using raised voices and hostile tones. [redacted] was mainly saying "Black lives matter." A crowd of people gathered to watch the interaction between [redacted] and the officers. The crowd did not get involved in the incident but they stood around and watched it. [redacted] was issued two summonses as a result of this incident, one for jaywalking and one for disorderly conduct- creating a hazardous or physically offensive condition by any act which serves no legitimate purpose (Allegation E). Read report for details.


Details

Incident: July 27, 2015
Received: July 31, 2015
Closed: November 18, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 78th Precinct Brooklyn
Outcome: Summons - disorderly conduct

Witness Officers: Richard Brown, Joshua Gregory