Complaint #201510860,
December 14, 2015

Officer: Mcnally, Brandon
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Tarver, Richard
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Tarver, Richard
Complainant: Black Male
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mcnally, Brandon
Complainant: Black Male
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mcnally, Brandon
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Tarver, Richard
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mikowski, Marianne
Complainant: Black Male, 25
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Piccininni, Paul
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Levy, Matthew
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Martinez, Nestor
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Levy, Matthew
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Piccininni, Paul
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Other
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Mcnally, Brandon Abuse of Authority: Premises entered and/or searched Unsubstantiated
Tarver, Richard Abuse of Authority: Premises entered and/or searched Unsubstantiated
Tarver, Richard Black Male Force: Physical force Unsubstantiated
Mcnally, Brandon Black Male Force: Physical force Unsubstantiated
Mcnally, Brandon Black Male, 25 Force: Physical force Exonerated
Tarver, Richard Black Male, 25 Force: Physical force Exonerated
Mikowski, Marianne Black Male, 25 Force: Pepper spray Exonerated
Piccininni, Paul Black Male, 25 Discourtesy: Word Exonerated
Levy, Matthew Black Male, 25 Discourtesy: Word Exonerated
Martinez, Nestor Black Male, 25 Force: Physical force Exonerated
Levy, Matthew Black Male, 25 Force: Physical force Exonerated
Piccininni, Paul Black Male, 25 Force: Physical force Exonerated
Unknown Officer Black Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Force: Hit against inanimate object Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Force: Other Officer(s) Unidentified

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
'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 December 14, 2015, at approximately 5:15 p.m. [redacted] was walking his dog around his neighborhood without a leash when PO Tarver and PO McNally, of the 105th Precinct, approached him and asked him for identification, in order to issue him a summons. [redacted] told the officers that his identification was inside his house and he entered [redacted] and shut the door behind him. Within twenty to thirty seconds of closing his front door, the officers repeatedly rang [redacted] s doorbell.
[redacted] s grandfather, [redacted] opened the front door and spoke with the officers while [redacted] continued to search for his identification. When [redacted] stated that his identification was in his hand, PO Tarver and PO McNally forcefully pushed past the front door and [redacted] consequently knocking [redacted] backwards, causing him to be pinned between the wall and the front door (Allegations A-D).
The officers then ran inside [redacted] s bedroom and grabbed [redacted] (Allegations E and F). PO Tarver and PO McNally wrestled with [redacted] while [redacted] attempted to escape and evade the officers. The struggle lasted a few minutes and moved from the bedroom to the hallway stairs.
PO Nestor Martinez, PO Matthew Levy, Sgt. Marianne Mikowski, of the 105th Precinct and PO Paul Piccininni of the 105th Precinct Detective squad all responded and assisted in restraining [redacted] PO Nestor Martinez struck [redacted] in the side of the the head with his forearm four times (Allegation G). PO Matthew Levy pulled at [redacted] s hair and allegedly stated, "Keep macing that motherfucker" (Allegation H and I). Sgt. Marianne Mikowski pepper sprayed [redacted] (Allegation J). PO Paul Piccininni struck [redacted] in the face and other places in his body with a closed fist while he stated "Motherfucker, put your hands behind your back," (Allegation K and L). Eventually, the officers collectively restrained and handcuffed [redacted] and walked him outside.
[redacted] could not see who escorted him out, or if one or... Read report for details.


Details

Incident: December 14, 2015
Received: December 28, 2015
Closed: July 26, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: Arrest - assault (against a PO)

Witness Officers: John Hewitt, Joseph Pennisi, James Reilly
Video evidence collected