Complaint #201602424, March 2016

Incident: March 22, 2016
Closed: November 21, 2016


Document: Complaint Closing Report

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 71st Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Michael Seregily
Officer: Baratta, Michael
Complainant: Black Male, 32
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Davis, Charles
Complainant: Black Male, 32
Allegation: Force: Radio as club
CCRB Conclusion: Substantiated (Charges)
Officer: Elmaadawy, Adam
Complainant: Black Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Davis, Charles
Complainant: Black Male, 32
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Male
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Officer(s) Unidentified
Officer: Baratta, Michael
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Baratta, Michael Black Male, 32 Force: Pepper spray Exonerated
Davis, Charles Black Male, 32 Force: Radio as club Substantiated (Charges)
Elmaadawy, Adam Black Male, 32 Discourtesy: Word Unsubstantiated
Davis, Charles Black Male, 32 Abuse of Authority: Property damaged Unsubstantiated
Unknown Officer Male Abuse of Authority: Threat to damage/seize property Officer(s) Unidentified
Baratta, Michael Black Male, 32 Force: Physical force Unsubstantiated

Penalty

Davis, Charles
Dismissal Probation
Closed: Not guilty after trial, October 2017
APU Not guilty


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.