Complaint #201602469,
March 21, 2016

Officer: Habib, Omar
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Habib, Omar
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Habib, Omar
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Exonerated
Officer: Crain, Christopher
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Sehl, Donald
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Sehl, Donald
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Habib, Omar Hispanic Male, 53 Abuse of Authority: Retaliatory summons Substantiated (Command Discipline B)
Habib, Omar Hispanic Male, 53 Abuse of Authority: Stop Substantiated (Command Discipline B)
Habib, Omar Hispanic Male, 53 Abuse of Authority: Refusal to provide name/shield number Exonerated
Crain, Christopher Hispanic Male, 53 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Sehl, Donald Hispanic Male, 53 Abuse of Authority: Stop Substantiated (Command Discipline B)
Sehl, Donald Hispanic Male, 53 Abuse of Authority: Frisk Substantiated (Command Discipline B)

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.
'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

Habib, Omar
Command Discipline - A

Sehl, Donald
Command Discipline - A

Summary

On March 21, 2016, at approximately 8:57 p.m., Police Officer Omar Habib and Police Officer Donald Sehl of the 40th Precinct stopped [redacted] in front of the Deli and Grocery located at [redacted] in the Bronx (Allegations A and B). Police Officer Sehl frisked [redacted]'s bag (Allegation C). Police Officer Habib issued a summons to [redacted] for blocking pedestrian traffic (Allegation D). Police Officer Habib allegedly refused to provide his name and shield to [redacted] (Allegation E). Police Officer Christopher Crain of the 40th Precinct allegedly refused to provide his name and shield to [redacted] (Allegation F). [redacted] was issued summons [redacted] for blocking pedestrian traffic (Board Review 01). [redacted] was issued summons [redacted] for possessing an open container (Board Review 02).
Video footage was provided by [redacted] who obtained the video footage from the exterior camera of the Deli and Grocery and recorded the entire incident on his cellphone. The entire video can be viewed in IA#31 (Board Review 03). Relevant clips have been attached in the relevant portions of the Findings and Recommendations Section below. Read report for details.


Details

Incident: March 21, 2016
Received: March 24, 2016
Closed: June 21, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Romaine Wilson
Video evidence collected