Complaint #201600151,
January 4, 2016

Officer: Tomy, Sajit
Complainant: White Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Officer: Tomy, Sajit
Complainant: White Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Kolman, Gabor
Complainant: White Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Tomy, Sajit
Complainant: White Male, 31
Allegation: Force: Gun as club
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Tomy, Sajit
Complainant: White Male, 31
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Kolman, Gabor
Complainant: White Male, 31
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Kolman, Gabor
Complainant: White Male, 31
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Kolman, Gabor
Complainant: White Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Tomy, Sajit
Complainant: White Male, 33
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Tomy, Sajit
Complainant: Hispanic Male
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Tomy, Sajit
Complainant: White Male, 33
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Tomy, Sajit
Complainant: White Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Tomy, Sajit
Complainant: Hispanic Female, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Tomy, Sajit
Complainant: White Male, 33
Allegation: Force: Gun as club
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Kolman, Gabor
Complainant: White Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Tomy, Sajit White Male, 31 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Tomy, Sajit White Male, 31 Force: Physical force Exonerated
Kolman, Gabor White Male, 31 Force: Physical force Exonerated
Tomy, Sajit White Male, 31 Force: Gun as club Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Tomy, Sajit White Male, 31 Force: Pepper spray Exonerated
Kolman, Gabor White Male, 31 Abuse of Authority: Search (of person) Exonerated
Kolman, Gabor White Male, 31 Abuse of Authority: Frisk Exonerated
Kolman, Gabor White Male, 31 Abuse of Authority: Stop Substantiated (Command Discipline B)
Tomy, Sajit White Male, 33 Force: Gun Pointed Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Tomy, Sajit Hispanic Male Force: Pepper spray Exonerated
Tomy, Sajit White Male, 33 Force: Pepper spray Exonerated
Tomy, Sajit White Male, 33 Force: Physical force Exonerated
Tomy, Sajit Hispanic Female, 35 Discourtesy: Word Alleged Victim Uncooperative
Tomy, Sajit White Male, 33 Force: Gun as club Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Kolman, Gabor White Male, 33 Force: Physical force 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.
'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

Tomy, Sajit
Command Discipline - A

Kolman, Gabor
Formalized Training

Summary

On January 4, 2016, at 10:10 p.m., [redacted] stepped out from his girlfriend [redacted] s apartment in Manhattan and entered the stairwell. On the tenth floor landing, [redacted] observed PO Sajit Tomy and PO Gabor Kolman of HBM IRT standing there. [redacted] exited back out of the stairwell to the hallway. PO Tomy and PO Kolman ran up the stairwell and approached him in the elevator bank of the eleventh floor to stop him and ask why he ran, where he lived, and to show identification (Allegations A and B). [redacted] was placed with his hands up and against the wall as PO Kolman frisked and retrieved [redacted] s wallet from his back pocket (Allegations C and D). After PO Kolman handcuffed [redacted] PO Tomy allegedly grabbed [redacted] by the face and asked what he had in his mouth (Allegation E), [redacted] yelled out for help and [redacted] stepped out to see what was going on. As PO Tomy and PO Kolman struggled to bring [redacted] to the ground (Allegation F), PO Tomy told [redacted] "Get the fuck out" (Allegation G). PO Tomy took out his pepper spray and sprayed [redacted] in the face (Allegation H).
Then, [redacted] walked up to the [redacted] observed PO Kolman holding [redacted] s arms while PO Tomy had his left shoulder against [redacted] s chest and a can of mace in his right hand. [redacted] asked what was going on. Upon seeing [redacted] and the other individual, PO Tomy sprayed them with mace (Allegations I and J). PO Tomy then put his mace can away and pointed his gun at [redacted] (Allegation K). PO Tomy struck [redacted] on the head once with his gun (Allegation L). A physical struggle between [redacted] with PO Tomy and PO Kolman ensued (Allegations E and F continued, Allegations M and N). [redacted] was struck on the head multiple times with PO Tomy's gun (Allegation O). [redacted] was arrested for assault and resisting arrest [NYPD 20]. [redacted] was arrested for [redacted] [NYPD 21].
[redacted] were subsequently transported to [redacted] sustained four lacerations to his scalp, which were... Read report for details.


Details

Incident: January 4, 2016
Received: January 6, 2016
Closed: May 24, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: NYCHA
In NYPD 23rd Precinct Manhattan
Outcome: Arrest - assault (against a PO)

Witness Officers: Frank Gashi, Sam Houari
Video evidence collected