Complaint #201509070,
October 22, 2015

Officer: Marshall, Tyler
Complainant: Black Male, 53
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Marshall, Tyler
Complainant: Black Male, 53
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Barounis, Stephen
Complainant: Black Male, 53
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Marshall, Tyler Black Male, 53 Discourtesy: Action Unsubstantiated
Marshall, Tyler Black Male, 53 Abuse of Authority: Stop Substantiated (Formalized Training)
Barounis, Stephen Black Male, 53 Abuse of Authority: Stop Substantiated (Formalized Training)

Conclusion Meanings:

'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

Marshall, Tyler
Formalized Training

Barounis, Stephen
Formalized Training

Summary

On October 22, 2015, at approximately 7:55 p.m., [redacted] was standing outside of a liquor store at the corner Sheffield Avenue and Sutter Avenue in Brooklyn. [redacted] had just opened a 16 oz. can of Busch Beer, which he had purchased inside of the liquor store. [redacted] s can was mostly concealed inside a black plastic shopping bag. Before [redacted] had a chance to drink from the can, PO Tyler Marshall and PO Stephen Barounis of the 75th Precinct approached [redacted] PO Marshall and PO Barounis were also with PPO Joseph Sousa from the NYPD Police Academy. PO Marshall said to [redacted] "You're drinking a beer." [redacted] denied that he was drinking a beer. PO Marshall told [redacted] to let him see what was in the bag multiple times. [redacted] refused repeatedly, because he did not believe that PO Marshall could tell that he was holding a beer. [redacted] walked a couple of feet away from the officers, but PO Barounis stopped him by blocking his path and PO Marshall asked to see his ID (Allegations A and B). [redacted] complied by pulling out his wallet and starting to take out his ID. Before he could pull his ID out, PO Marshall hit [redacted] Is arm and thus knocked the can of beer to the ground (Allegation C). PO Marshall told [redacted] that he knew [redacted] had a beer.s [redacted] was then handcuffed and made to stand against a wall. While against the wall, PO Marshall frisked the outside of [redacted] Is pockets and waistband (Allegation D). PO Marshall then wrote [redacted] criminal summons# [redacted] for [redacted] was then released and the officers walked away from the scene. Read report for details.


Details

Incident: October 22, 2015
Received: October 23, 2015
Closed: February 16, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Summons - other violation/crime

Witness Officers: Joseph Sousa