Complaint #201601726,
February 6, 2016

Officer: Brush, Dmitry
Complainant: Black Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Brush, Dmitry
Complainant: Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Brush, Dmitry
Complainant: Black Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Ustick, Michael
Complainant: Black Male, 17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Ustick, Michael
Complainant: Black Male, 17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Ustick, Michael
Complainant: Male, 31
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Ustick, Michael
Complainant: Black Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: Male, 31
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: Black Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Ustick, Michael
Complainant: Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Fabrizio, John
Complainant: Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: White Female, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Smith, Ryan
Complainant: Black Male, 17
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: Black Male, 17
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: Black Male, 17
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Officer: Brush, Dmitry
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: White Female, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Brush, Dmitry
Complainant: Black Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Ustick, Michael
Complainant: White Female, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Brush, Dmitry
Complainant: White Female, 17
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Officer Complainant Allegation CCRB Conclusion
Brush, Dmitry Black Male, 17 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Brush, Dmitry Male, 31 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Brush, Dmitry Black Male, 19 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Ustick, Michael Black Male, 17 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Ustick, Michael Black Male, 17 Abuse of Authority: Search (of person) Unsubstantiated
Ustick, Michael Male, 31 Abuse of Authority: Frisk Unsubstantiated
Ustick, Michael Black Male, 19 Abuse of Authority: Frisk Unsubstantiated
Brush, Dmitry Male, 31 Abuse of Authority: Frisk Unsubstantiated
Brush, Dmitry Black Male, 19 Abuse of Authority: Frisk Unsubstantiated
Brush, Dmitry Male, 31 Abuse of Authority: Vehicle search Unsubstantiated
Ustick, Michael Male, 31 Abuse of Authority: Vehicle search Unsubstantiated
Fabrizio, John Male, 31 Abuse of Authority: Vehicle search Unsubstantiated
Brush, Dmitry White Female, 17 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Smith, Ryan Black Male, 17 Abuse of Authority: Vehicle search Unsubstantiated
Brush, Dmitry Black Male, 17 Abuse of Authority: Vehicle search Unsubstantiated
Brush, Dmitry Black Male, 17 Abuse of Authority: Interference with recording Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Brush, Dmitry Black Male, 17 Force: Physical force Unsubstantiated
Brush, Dmitry White Female, 17 Force: Physical force Unsubstantiated
Brush, Dmitry Black Male, 17 Discourtesy: Word Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Ustick, Michael White Female, 17 Discourtesy: Word Substantiated (Command Discipline A)
Brush, Dmitry White Female, 17 Abuse of Authority: Interference with recording Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training

Conclusion Meanings:

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


Penalties

Brush, Dmitry
Command Discipline - A

Ustick, Michael
Command Discipline - A

Summary

On February 6, 2016, at approximately 8:10 p.m., [redacted] parked his vehicle in the vicinity of 30 Post Lane, in Staten Island. [redacted] exited the vehicle while his girlfriend, [redacted] remained inside. [redacted] had a brief interaction with his friend, [redacted] outside of [redacted] vehicle and subsequently proceeded to walk down Post Lane. As [redacted] was walking, Sgt. Dmitry Brushnivsky ordered PO Michael Ustick, both of the 121st Precinct, to stop him (Allegation A). PO Ustick then allegedly frisked and searched [redacted] (Allegations B and C). At this point, Sgt. Brushnivsky had [redacted] and [redacted] stopped (Allegations D and E). Sgt. Brushnivsky ordered [redacted] and [redacted] to step out of the vehicle and frisked them (Allegations F and G). At some point, PO Ustick also frisked [redacted] and [redacted] (Allegations H and I). Sgt. Brushnivsky, PO Ustick, and PO John Fabrizio all acknowledged that they searched [redacted] vehicle (Allegation J, K, and L).
At some point, PO Ryan Smith and PO Anthony Rubilotta, also of the 121st Precinct, arrived on the scene. Sgt. Brushnivsky first observed [redacted] inside [redacted] vehicle and approached the vehicle alone to stop [redacted] (Allegation M). [redacted] was subsequently brought towards his vehicle and he provided consent for the officers to search everything in his vehicle except the glove compartment and trunk. Sgt. Brushnivsky and PO Smith allegedly searched the vehicle, including the closed compartments (Allegation N and O). [redacted] was recording the incident and at some point while the officers were searching his vehicle, Sgt. Brushnivsky aggressively approached [redacted] and requested his phone. Sgt. Brushnivsky then physically attempted to grab his phone as he was recording (Allegation P). [redacted] alleged that Sgt. Brushnivsky accidentally swiped his face with an open palm as he tried to grab the phone and shoved him against the fence as Sgt. Brushnivsky placed him in handcuffs (Allegation Q). Moreover, [redacted] stated... Read report for details.


Details

Incident: February 6, 2016
Received: March 3, 2016
Closed: August 29, 2016

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

Witness Officers: Anthony Rubilotta
Video evidence collected