Complaint #201508246,
September 29, 2015

Officer: Whelan, Michael
Complainant: Black Male, 30
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Whelan, Michael
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Whelan, Michael
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Sammarco, David
Complainant: Black Male, 30
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Casey, Thomas
Complainant: Black Male, 30
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Casey, Thomas
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Casey, Thomas
Complainant: Black Male, 18
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Whelan, Michael
Complainant: Black Male, 18
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Casey, Thomas
Complainant: Black Male, 30
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Whelan, Michael
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Unsubstantiated
Officer: Casey, Thomas
Complainant: Black Male, 30
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Whelan, Michael Black Male, 30 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Whelan, Michael Black Male, 30 Abuse of Authority: Threat of arrest Unsubstantiated
Whelan, Michael Black Male, 30 Discourtesy: Word Unsubstantiated
Sammarco, David Black Male, 30 Abuse of Authority: Frisk Exonerated
Casey, Thomas Black Male, 30 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Casey, Thomas Black Male, 30 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Casey, Thomas Black Male, 18 Abuse of Authority: Vehicle stop Unsubstantiated
Whelan, Michael Black Male, 18 Abuse of Authority: Vehicle stop Unsubstantiated
Casey, Thomas Black Male, 30 Abuse of Authority: Frisk Exonerated
Whelan, Michael Black Male, 30 Abuse of Authority: Threat of summons Unsubstantiated
Casey, Thomas Black Male, 30 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)

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

Casey, Thomas
Command Discipline - A

Summary

On September 29, 2015, at approximately 12:20 p.m., [redacted] was teaching his cousin, [redacted] how to drive in the vicinity of Hammersley Avenue and Ely Avenue in the Bronx. [redacted] who had a learner's permit, was in the driver's seat. [redacted] allegedly failed to stop at a stop sign at Hammersley Avenue and Grace Avenue, at which point PO Michael Whelan, who was in his unmarked RMP with Sgt. Thomas Casey and PO David Sammarco, of the 47th Precinct, activated his RMP's lights and sirens and initiated a vehicle stop at Hammersley Avenue and Ely Avenue, next to the Workmen's Circle nursing home (allegations A and B).
[redacted] looked through his car for his documents as the officers approached. After he and [redacted] provided their IDs to the officers, [redacted] continued looking in the glove box for the registration. At that point, Sgt. Casey asked [redacted] to step out of the car. When [redacted] asked why he needed to step out of the car, Sgt. Casey allegedly asked [redacted] if he was going to get out of the car voluntarily or make Sgt. Casey remove him (allegation C). [redacted] stepped out of the car, at which point Sgt. Casey transferred him to PO Sammarco for the purpose of a frisk (allegation D). [redacted] was frisked by PO Sammarco (allegation E).
[redacted] and [redacted] were taken to the rear of the vehicle, where they remained with PO Whelan and PO Sammarco. According to [redacted] Sgt. Casey searched [redacted] car under the seats, in the glove box, in the seat pockets on the rear of the front seats, in the door pockets, and the laundry bags that were in the back seat (allegation F). [redacted] asked Sgt. Casey for his shield number during the search and at several other points during the incident, but Sgt. Casey allegedly failed to respond (allegation G). PO Whelan allegedly called [redacted] a "prick" and told him that he was going to issue him a summons because he had asked for his superior's shield number (allegations H and I). PO Whelan also allegedly told [redacted] that he... Read report for details.


Details

Incident: September 29, 2015
Closed: February 24, 2016

Reason for contact: Moving violation
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: No arrest made or summons issued

Video evidence collected