Complaint #201508536,
September 29, 2015

Officer: Choi, Bennett
Complainant: Hispanic Male, 52
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 50-54
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 50-54
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Choi, Bennett
Complainant: Hispanic Male, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Dean, Joseph
Complainant: Hispanic Male, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Dean, Joseph
Complainant: Hispanic Male, 52
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Choi, Bennett
Complainant: Hispanic Male, 52
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 50-54
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Peters, Matthew
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Peters, Matthew
Complainant: Hispanic Male, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Talio, Frank
Complainant: Hispanic Male, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Talio, Frank
Complainant: Hispanic Male, 52
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Peters, Matthew
Complainant: Hispanic Male, 52
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Choi, Bennett Hispanic Male, 52 Force: Physical force Unfounded
Unknown Officer Hispanic Male, 50-54 Force: Other Unfounded
Unknown Officer Hispanic Male, 50-54 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Choi, Bennett Hispanic Male, 52 Discourtesy: Word Unsubstantiated
Dean, Joseph Hispanic Male, 52 Discourtesy: Word Unsubstantiated
Dean, Joseph Hispanic Male, 52 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Choi, Bennett Hispanic Male, 52 Force: Nightstick as club (incl asp & baton) Unfounded
Unknown Officer Hispanic Male, 50-54 Force: Chokehold Unfounded
Peters, Matthew Abuse of Authority: Premises entered and/or searched Unsubstantiated
Peters, Matthew Hispanic Male, 52 Discourtesy: Word Unsubstantiated
Talio, Frank Hispanic Male, 52 Discourtesy: Word Unsubstantiated
Talio, Frank Hispanic Male, 52 Force: Physical force Unfounded
Peters, Matthew Hispanic Male, 52 Force: Physical force Unfounded
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

On September 28, 2015, at approximately 4:49 p.m., [redacted] called 911 to report his money and cameras were stolen from within his home located at [redacted] in Queens. [redacted] lives on the first floor of a two-story home while his unidentified landlord lives in the apartment above his. Soon after [redacted] called 911, PO Bennett Choi, PO Frank Talio, PO Matthew Peters, and Sgt. Joseph Dean of the 106th Precinct arrived at [redacted]'s home. Once [redacted] informed the officers that his money and cameras were stolen, the officers went upstairs to the unidentified landlord's apartment to review video footage since video cameras were placed on the exterior of the home. After the officers spoke with [redacted]'s unidentified landlord, [redacted] was asked to open his door for the officers, but [redacted] refused to do so. [redacted] eventually opened his door after refusing to do so multiple times and an unidentified officer allegedly pushed the door completely open allowing PO Choi, PO Talio, PO Peters and Sgt. Dean to enter the apartment (Allegation A).
[redacted] was informed that he would be leaving with the officers, but [redacted] verbally refused to go anywhere with the officers since they did not file a report for the robbery. [redacted] was directed to turn around, but when he did not comply with the directive, PO Choi allegedly struck [redacted]'s right shin twice with an asp (Allegation B). As [redacted] was attempting to get up from the ground, three unidentified officers grabbed various parts of [redacted]'s body in an effort to restrain him back down on the ground. One of the unidentified officers allegedly placed [redacted] in a chokehold for approximately fifteen to twenty minutes and [redacted] could not breathe for the entire duration of the chokehold (Allegation C and Allegation D). When [redacted] yelled out that he could not breathe and continued to struggle against the officers, an unidentified officer allegedly sat on the back of [redacted]'s neck, placed his hands around [redacted]'s... Read report for details.


Details

Incident: September 29, 2015
Received: October 8, 2015
Closed: April 22, 2016

Reason for contact: C/V requested investigation of crime
Location: Apartment/house
In NYPD 106th Precinct Queens
Outcome: No arrest made or summons issued