Complaint #201507610,
September 6, 2015

Officer: Arnone, Charles
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Machado, Luis
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Arnone, Charles Abuse of Authority: Premises entered and/or searched Exonerated
Machado, Luis Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Force: Pepper spray Alleged Victim Uncooperative
Unknown Officer Black Male, 21-24 Discourtesy: Word Unfounded
Unknown Officer Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

On September 6, 2015, at approximately 2:30 am, [redacted] and [redacted] were on the front porch of their single-family residence at [redacted] (hereafter referred to as [redacted]) in Brooklyn, along with other members of the extended [redacted] family. Present inside the house were brothers [redacted] and [redacted] who reside immediately next door at [redacted] (hereafter referred to as '[redacted]'). Present in the general vicinity of [redacted]'s porch was [redacted]. On the night of the incident – which falls on Labor Day Sunday, and the annual celebration known as "J'ouvert" - [redacted] was the site of a backyard party attended by many guests. [redacted] and [redacted] were all present for the party, but left shortly prior to 2:30 am, at which time a large street altercation erupted on [redacted] directly outside the two homes. The altercation drew a large police response to the scene. Officers ultimately approached [redacted]'s front porch and informed [redacted] that they were looking for the perpetrator of an assault, who they believed was armed and inside the house. Officers then moved onto the porch, and began looking through the front windows of the house, into a living room immediately past the porch. Upon looking through the windows, officers claimed that two individuals inside the living room - [redacted] and [redacted] - were actively fighting. Soon thereafter, officers opened one of the windows, and entered the living room through the window (Allegations A and B). These officers then opened the main door, and allowed other officers to enter through the door. Officers remained in the house for approximately thirty minutes, during which time [redacted] was arrested. While being handcuffed inside basement of the house, an officer told [redacted], "Nobody's down here, I could do whatever I want to, I'll fuck you up." (Allegations C and D) At some point in the night, officers outside pepper sprayed [redacted] and [redacted] (Allegation E). Read report for details.


Details

Incident: September 6, 2015
Received: September 9, 2015
Closed: February 23, 2016

Reason for contact: Report of other crime
Location: Apartment/house
In NYPD 71st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Abraham Badillo, Ryan Damora, James Harkins, Jacqueline Hoder, Keyshawn James, Lauren Jamieson, Ana Tenorio
Video evidence collected