Complaint #201507068,
August 19, 2015

Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Female
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Clark, Robert
Complainant: Black Male, 57
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Mullen, Brian
Complainant: Black Male, 57
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Black Female Discourtesy: Word Unfounded
Clark, Robert Black Male, 57 Abuse of Authority: Refusal to show search warrant Substantiated (Formalized Training)
Mullen, Brian Black Male, 57 Abuse of Authority: Refusal to show search warrant Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Unknown Officer Black Male, 55-59 Force: Physical force Unfounded

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

Clark, Robert
Formalized Training

Summary

On August 19, 2015, at approximately 8 a.m., officers from the Emergency Services Unit and the 44th Precinct entered and searched [redacted] in the Bronx pursuant to search warrant [redacted] (see Board Review 23) (Allegation A). The investigation identified Det. Albert Romano, Det. Thomas Longa, Det. Patrick Barry, Det. Terry Avent, Det. Lenno Hendricks, and Sgt. Michael Gargan of the Emergency Services Unit and Insp. Brian Mullen, Sgt. Robert Clark, and PO Joseph Spina of the 44th Precinct as having participated in the search warrant's execution at the incident location. During the entry into [redacted] and [redacted]'s bedroom, an unidentified male officer from the Emergency Services Unit allegedly told [redacted] "Shut the fuck up, how about that" (Allegation B). After the alleged discourtesy was made against [redacted] the same unidentified male officer from the Emergency Services Unit allegedly grabbed [redacted] around his neck with one hand, pushed him towards the bedframe, handcuffed him, and pushed him onto a bed (Allegation C). While officers were searching inside the apartment, [redacted] and [redacted] requested to see the search warrant from Sgt. Clark and Insp. Mullen, but the search warrant was never presented to them (Allegation D and Allegation E). [redacted] and [redacted]'s son, [redacted] was arrested and transported to the 44th Precinct after marijuana and drug paraphernalia were procured from within [redacted]'s bedroom. No other civilians were arrested and all of the officers left the apartment after [redacted]'s arrest. [redacted] was released later that same day with a desk appearance ticket for [redacted]. Read report for details.


Details

Incident: August 19, 2015
Received: August 21, 2015
Closed: December 15, 2015

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Terry Avent, Patrick Barry, Michael Gargan, Lenno Hendricks, Thomas Longa, Albert Romano, Joseph Spina