Complaint #201508728,
October 4, 2015

Officer: Tabb, Jessenia
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Tabb, Jessenia
Complainant: Black Male, 64
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Garcia, Delvis
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Garcia, Delvis
Complainant: Black Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Garcia, Delvis
Complainant: Black Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Garcia, Delvis
Complainant: Black Male, 64
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Garcia, Delvis
Complainant: Black Male, 64
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Tabb, Jessenia
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Tabb, Jessenia
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Garcia, Delvis
Complainant: Black Male, 64
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Tabb, Jessenia Abuse of Authority: Premises entered and/or searched Exonerated
Tabb, Jessenia Black Male, 64 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Formalized Training)
Garcia, Delvis Abuse of Authority: Premises entered and/or searched Exonerated
Garcia, Delvis Black Male, 32 Abuse of Authority: Stop Unsubstantiated
Garcia, Delvis Black Male, 32 Abuse of Authority: Frisk Substantiated (Formalized Training)
Garcia, Delvis Black Male, 64 Force: Physical force Unsubstantiated
Garcia, Delvis Black Male, 64 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Formalized Training)
Tabb, Jessenia Male Abuse of Authority: Stop Unsubstantiated
Tabb, Jessenia Male Abuse of Authority: Stop Unsubstantiated
Garcia, Delvis Black Male, 64 Discourtesy: Word Unsubstantiated

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

Tabb, Jessenia
Formalized Training

Garcia, Delvis
Formalized Training

Summary

On October 4, 2015, at approximately 9:45 p.m. on the sidewalk in front of [redacted] in Brooklyn, Sgt. Jessenia Tabb and PO Delvis Garcia, both of the 67th Precinct, allegedly saw a male individual with an open, half-full bottle of beer. They attempted to ask the unidentified male for his identification, but he walked into a garage attached to [redacted], which is a restaurant: [redacted]. The door of the garage was left ajar. Sgt. Tabb and PO Garcia followed the male into the garage (Allegation A and Allegation B). Inside of the garage were [redacted] and [redacted]. Sgt. Tabb stopped [redacted] and [redacted] (Allegation C and Allegation D), and PO Garcia stopped [redacted] (Allegation E). Sgt. Tabb and PO Garcia told [redacted] and [redacted] to go outside. PO Garcia then frisked [redacted] (Allegation F). While [redacted] and [redacted] were outside, [redacted] the proprietor of the businesses at [redacted], approached PO Garcia, asking him what was going on. Also present was [redacted]s friend [redacted]. PO Garcia allegedly told [redacted] "Shut the fuck up," and he extended his arm, allegedly pushing [redacted] (Allegation G and Allegation H). [redacted] fell backwards into a line of potted plants. [redacted] and [redacted] then requested medical attention for [redacted] but PO Garcia and Sgt. Tabb did not provide it for him (Allegation I and Allegation J). [redacted] called an ambulance, which took [redacted] to [redacted], where he was treated for a sprained ankle (Privileged Documents). PO Garcia issued [redacted] a summons for [redacted], and issued a summons for [redacted] for [redacted] (B.R.1 and 2). No individual was arrested as a result of this incident.
Video of part of this incident was provided by the complainant, [redacted]. It does not show any allegations that fall under CCRB jurisdiction, however, it shows that [redacted] was under the influence of alcohol during the incident. Read report for details.


Details

Incident: October 4, 2015
Received: October 12, 2015
Closed: February 23, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected