Complaint #201601434,
January 9, 2016

Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Summa, Montgomery
Complainant: Black Male, 49
Allegation: Abuse of Authority: Refusal to show arrest warrant
CCRB Conclusion: Unfounded
Officer: Summa, Montgomery
Complainant: Black Male, 49
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Summa, Montgomery
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cavanagh, Desmond
Complainant: Black Male, 49
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Female, 35-39
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 45-49 Force: Gun Pointed Exonerated
Summa, Montgomery Black Male, 49 Abuse of Authority: Refusal to show arrest warrant Unfounded
Summa, Montgomery Black Male, 49 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Summa, Montgomery Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)
Cavanagh, Desmond Black Male, 49 Force: Physical force Unfounded
Unknown Officer Black Female, 35-39 Force: Gun Pointed 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalty

Summa, Montgomery
No Disciplinary Action-DUP
No penalty

Summary

On January 9, 2016, at approximately 9:20 p.m., numerous officers from the 114th Precinct and PSA9 went to [redacted]'s apartment located at [redacted] in Queens with an arrest warrant for [redacted]'s son, [redacted] who does not reside with [redacted] answered the door and four officers in the hallway pointed their guns towards him (Allegation A). Lt. Montgomery Summa of the 114th Precinct ordered [redacted] to crawl out of the apartment and he complied. PO Desmond Cavanagh of PSA9 then handcuffed [redacted] and allegedly put his knee on [redacted]'s head while it was on the ground and applied pressure for six to seven minutes (Allegation B). [redacted]'s wife, [redacted] came to the door and an officer pointed his gun towards her (Allegation C). PO Cavanagh removed [redacted]'s handcuffs when the officers learned that [redacted]'s date of birth did not match the date of birth printed on the arrest warrant. Lt. Summa, Sgt. James McKenna of PSA9, and two additional officers entered the apartment and searched for [redacted] who was not present (Allegation D). [redacted] asked Lt. Summa to show him the warrant and Lt. Summa allegedly never showed it to him (Allegation E). [redacted] asked Lt. Summa to call an ambulance for him because he was dizzy, but Lt. Summa allegedly said nothing in response and did not call an ambulance for [redacted] (Allegation F). The officers left the apartment without affecting any arrests. The following day, [redacted] went to [redacted] of Queens for [redacted] attributed this injury to PO Cavanagh applying pressure to his head with his knee. Read report for details.


Details

Incident: January 9, 2016
Received: February 22, 2016
Closed: June 1, 2016

Reason for contact: Execution of arrest/bench warrant
Location: Apartment/house
In NYPD 114th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Cole Ferraro, James Mckenna