Complaint #201602798,
April 2, 2016

Officer: Mahoney, Daniel
Complainant: Hispanic Male, 41
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Mahoney, Daniel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Mahoney, Daniel
Complainant: Hispanic Male, 44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Mahoney, Daniel
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Mahoney, Daniel
Complainant: Hispanic Male, 42
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Mahoney, Daniel
Complainant: Hispanic Male, 42
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Dunn, Michael
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Wolvers, Jerry
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Kuhl, Matthew
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Dunn, Michael
Complainant: Hispanic Male, 42
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Dunn, Michael
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Wolvers, Jerry
Complainant: Hispanic Male, 33
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Kuhl, Matthew
Complainant: Hispanic Male, 33
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Mahoney, Daniel Hispanic Male, 41 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Mahoney, Daniel Hispanic Male, 24 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Mahoney, Daniel Hispanic Male, 44 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Mahoney, Daniel Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Mahoney, Daniel Hispanic Male, 42 Discourtesy: Word Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Mahoney, Daniel Hispanic Male, 42 Abuse of Authority: Other Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Dunn, Michael Male Abuse of Authority: Stop Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Wolvers, Jerry Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Kuhl, Matthew Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Dunn, Michael Hispanic Male, 42 Abuse of Authority: Other Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Dunn, Michael Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Wolvers, Jerry Hispanic Male, 33 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Kuhl, Matthew Hispanic Male, 33 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)

Conclusion Meanings:

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

Further details on conclusions.


Penalties

Dunn, Michael
Command Discipline - A

Mahoney, Daniel
Command Discipline - A

Wolvers, Jerry
No Disciplinary Action-DUP
No penalty

Kuhl, Matthew
No Disciplinary Action-DUP
No penalty

Summary

On April 2, 2016, at 5:31 p.m., Lt. Michael Dunn supervised the entry of Bronx Narcotics officers [tactical plan NYPD 06; buy report follow-up NYPD 03] into [redacted] to arrest [redacted] for selling narcotics [redacted]. Lt. Dunn intended to initiate a business inspection of the barbershop and detained the barbers (Allegation A). Det. Mahoney used the word "fuck" in numerous contexts as he moved the barbers to the rear of the store (Allegation B). Meanwhile, PO Matthew Kuhl began searching the workstations [redacted] had been standing at (Allegation C). A father was in the store with his children at the time, and the children were led out of the store. Before the father was allowed outside, Lt. Dunn had him provide his identification (Allegation D). Then, the father was allowed to wait outside with his children while officers continued their investigation inside the barbershop.
While searching the workstation, PO Kuhl searched [redacted]s belongings (Allegation E). Lt. Dunn assisted and searched the workstations (Allegation F). [redacted] asked the officers if they had a search warrant to be searching his shop and Det. Mahoney threatened to close the barbershop (Allegation G). Det. Mahoney took [redacted]s cellphone away from him. Det. Mahoney began to search the barbers sitting on the bench, beginning with [redacted] (Allegation H). Det. Mahoney paused his search, then he and Det. Wolvers began to search the workstation (Allegations I and J). While searching the workstation, Det. Wolvers searched [redacted]s belongings (Allegation K). Det. Mahoney proceeded to search [redacted] and [redacted] (Allegations L and M). When Det. Mahoney told each barber to stand up to search them, he used the word "fuck" in numerous contexts towards them (Allegation B continued). Before Det. Mahoney could search additional barbers, Lt. Charles Hyland entered the barbershop and ordered all the officers to leave the store. [redacted]
[redacted] and [redacted] were charged with the [redacted] [arrest reports NYPD 05; criminal... Read report for details.


Details

Incident: April 2, 2016
Closed: September 14, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Commercial building
In NYPD 43rd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Homer Henriquez, Charles Hyland, Edwin Martinez, Ferdi Memedoski, Brian Query, Elias Robinson
Video evidence collected