Complaint #201602424,
March 22, 2016

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

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalty

Davis, Charles
Closed: Not guilty after trial-PC Approved, October 25, 2017
APU Not guilty

Summary

On March 22, 2016, at approximately 5 p.m., [redacted] was double parked outside of Celebrity Hair Studio of Brooklyn, located at 565 Lefferts Avenue in Brooklyn. With him was his wife, [redacted] PO Michael Baratta of the 71st Precinct arrived with PO Charles Davis, who was assigned to the 71st Precinct at the time of the incident. PO Baratta gave [redacted] a summons for double parking and began to walk away (Board Review 02). An argument ensued, during which PO Baratta allegedly grabbed [redacted]'s wrist, turned him around, and used or attempted to use physical force against him (Allegation A). PO Baratta pepper sprayed [redacted] and PO Davis allegedly struck [redacted]'s face with his radio (Allegations B and C). [redacted] was taken to the ground and handcuffed. Some bystanders, including [redacted] recorded the incident. An officer allegedly informed [redacted] and another unidentified individual that he would break their cameras if they continued to film the incident (Allegations D). [redacted] was arrested for resisting arrest, obstruction of governmental administration, and disorderly conduct (Board Review 03).
[redacted] reportedly sustained a laceration on his right cheek, chipped teeth, and a shoulder dislocation, as a result of the incident. He was escorted to [redacted] Hospital in an ambulance with PO Adam Elmaadawy of the 71st Precinct. PO Elmaadawy allegedly cursed at [redacted] stating something to the effect of, "Shut the fuck up!" (Allegation E). [redacted]'s car and its' contents were vouchered by PO Davis (Board Review 20). PO Davis allegedly damaged [redacted]'s car speakers, glove compartment, charging outlet, and car seats (Allegation F).
[redacted] who works at Celebrity Hair Studio of Brooklyn, and [redacted]'s [redacted]-old daughter, [redacted] witnessed the incident. [redacted] a resident of the apartment building facing the incident, witnessed a portion of the incident. Read report for details.


Details

Incident: March 22, 2016
Closed: November 21, 2016
Last Updated: October 2, 2025

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
Video evidence collected