Complaint #201508477,
September 22, 2015

Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Berk, James
Complainant: Black Female, 51
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Hopkins, John
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Berk, James
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Acevedo, Steven
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Ignatov, Vasiliy
Complainant: Black Female, 31
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Unavailable
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated
Berk, James Black Female, 51 Discourtesy: Word Unsubstantiated
Hopkins, John Abuse of Authority: Premises entered and/or searched Substantiated (Formalized Training)
Berk, James Abuse of Authority: Premises entered and/or searched Substantiated (Formalized Training)
Acevedo, Steven Abuse of Authority: Premises entered and/or searched Substantiated (Formalized Training)
Ignatov, Vasiliy Black Female, 31 Force: Pepper spray Alleged Victim Unavailable

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.


Penalties

Hopkins, John
Formalized Training

Berk, James
Formalized Training

Acevedo, Steven
Formalized Training

Summary

In the afternoon of September 22nd, 2015, [redacted] returned to her home at [redacted] in Brooklyn with her daughter, [redacted]. [redacted] explained that the building was originally an abandoned storefront with residential quarters and was leased to [redacted] in November 2013 by [redacted]. Shortly after [redacted] and her family, including her husband and seven children, began living at the house, [redacted] sold the building to [redacted] who, since that time, had been trying to evict [redacted] family, accusing them of being squatters.
The building is comprised of three floors and has three front doors. The door in the center and the door on the right lead to the commercial establishment on the first floor. The door on the left leads straight to the second floor. A staircase outside the door of the second floor residential quarters leads to the third floor. There is no internal connection between the first and second floors.
Around 2:30PM on September 22nd, 2015, the members of the Business Conditions team of the 67th Precinct, led by PO James Berk and including PO Steven Acevedo, Sgt. Vasily Ignatov, Lt. John Hopkins, and PO Daniel O'Hare, banged on [redacted] front door, which led to the storefront, demanding to be let in. When [redacted] did not answer, the officers forced the door open, finding [redacted] and her son, [redacted], on the first floor. The officers explained that there were guns and drugs in the building, and they there were also looking for men suspected of criminal activity. [redacted] denied that any of those things were at her house, and that she lived there with her husband and children. Despite this, the officers went past her and entered the building, sweeping through the first floor (Allegation A).
When the officers found no one, they returned to [redacted] and accused her of trespassing. They displayed a lease that [redacted] had shown them, on which [redacted] forged [redacted] name. [redacted] told the officers that she will show them the actual lease she signed with... Read report for details.


Details

Incident: September 22, 2015
Received: October 6, 2015
Closed: April 1, 2016

Reason for contact: Report-possession/sale of narcotics
Location: Apartment/house
In NYPD 67th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Joseph Gulotta, Ryan Habermehl, Anthony Longobardi, Daniel Ohare