Complaint #201509517,
November 7, 2015

Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Complainant Uncooperative
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Complainant Uncooperative
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Complainant Uncooperative
Officer: Malcolm, Sheldon
Complainant: Black Male, 47
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Stgermain, James
Complainant: Black Male, 39
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Malcolm, Sheldon
Complainant: Black Male, 47
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Stgermain, James
Complainant: Black Male, 47
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 45-49 Abuse of Authority: Threat of arrest Complainant Uncooperative
Unknown Officer Black Male, 45-49 Abuse of Authority: Vehicle search Complainant Uncooperative
Unknown Officer Black Male, 45-49 Abuse of Authority: Property damaged Complainant Uncooperative
Malcolm, Sheldon Black Male, 47 Abuse of Authority: Other Substantiated (Command Discipline A)
Stgermain, James Black Male, 39 Abuse of Authority: Other Substantiated (Command Discipline A)
Malcolm, Sheldon Black Male, 47 Abuse of Authority: Vehicle stop Substantiated (Command Discipline A)
Stgermain, James Black Male, 47 Abuse of Authority: Vehicle stop Substantiated (Command Discipline A)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Malcolm, Sheldon
Command Discipline - A

Stgermain, James
Command Discipline - A

Summary

On November 7, 2015, at approximately 1:00 a.m. [redacted] was driving a 2001 green Nissan Altima with his friend, [redacted] seated in the passenger's seat. In the area of 136th Avenue and Springfield Boulevard in Queens, [redacted] and [redacted] were allegedly pulled over by an unmarked police vehicle occupied by PO Sheldon Malcolm and PO James Stgermain (Allegation A, Allegation B). During the stop, two additional vehicles arrived at the scene; a marked NYPD sedan, and a second unmarked vehicle. PO Malcolm and PO Stgermain instructed [redacted] and [redacted] to step out of their vehicle, and [redacted] and [redacted] were subsequently handcuffed. [redacted] and [redacted] were then placed into the second unmarked vehicle that had arrived, and allegedly transported back to the 105th precinct stationhouse parking lot (Allegation C, Allegation D). [redacted] alleged that officers questioned him in the parking lot of the 105th precinct stationhouse regarding his criminal cases and threatened to arrest him if he did not answer (Allegation E). [redacted] and [redacted] were held in the parking lot for approximately 5 minutes before they were released. Upon their release, [redacted] alleged that he noticed the officers had ripped the seats and panel of the vehicle (Allegation F, Allegation G). Neither [redacted] nor [redacted] went inside of the 105th precinct stationhouse at any point. Read report for details.


Details

Incident: November 7, 2015
Received: November 9, 2015
Closed: March 31, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: No arrest made or summons issued