| Officer: | Albert, Joseph |
|---|---|
| Complainant: | Male, 26 |
| Allegation: | Abuse of Authority: Refusal to provide name/shield number |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Albert, Joseph |
| Complainant: | Male, 26 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Albert, Joseph |
| Complainant: | Male, 26 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Albert, Joseph | Male, 26 | Abuse of Authority: Refusal to provide name/shield number | Unsubstantiated |
| Albert, Joseph | Male, 26 | Force: Physical force | Substantiated (Command Discipline A) |
| Albert, Joseph | Male, 26 | Discourtesy: Word | Substantiated (Command Discipline A) |
Further details on conclusions.
On February 19, 2016, at 10:25 p.m., in the vicinity of 41-02 10th Street in Queens, [redacted] was walking with his friend, [redacted] and allowed him to borrow his cell phone. [redacted] was then approached by two officers of the 114th Precinct, identified by the investigation as Sgt. Joseph Albert, PO David Hyman, and PO Phillip Smith, who knew him to be wanted in connection with a robbery investigation. Additional officers of the 114th Precinct, identified by the investigation as PO Joseph Montano and PO Sean O'Neill, were also present at the scene. PO Montano arrested [redacted] on [redacted] (BR 02).
While [redacted] was being arrested, [redacted] requested his cell phone back. The officers told [redacted] that the phone could not be released to him at the scene, but that he could come to the 114th Precinct stationhouse later to retrieve it. [redacted] then followed the officers to their marked police vehicle as they escorted [redacted] to it.
In the course of telling [redacted] that he could not have his cell phone, Sgt. Albert pushed [redacted] backwards (Allegation A) and told him, "Move the fuck back" (Allegation B). Sgt. Albert also allegedly told [redacted] "You're not getting your fucking phone back" (subsumed under Allegation B).
As officers escorted [redacted] to a marked police vehicle for transport back to the 114th Precinct stationhouse, [redacted] followed them. Sgt. Albert again shoved [redacted] backwards (subsumed under Allegation A) and again told him, "Move the fuck back. You're not getting your fucking phone back" (subsumed under Allegation B).
As Sgt. Albert entered the front passenger side of the marked RMP, [redacted] asked why he was not getting his phone back, why he was pushed, and for Sgt. Albert's shield number. Sgt. Albert allegedly replied, "Fuck you," and made another profane comment, possibly "Fuck your mother" (subsumed under Allegation B), without providing his shield number to [redacted] (Allegation C).
[redacted] was not arrested and was not issued summonses.
Read report for details.