Complaint #201604524,
April 13, 2016

Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Hoey, Robert
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Florio, Eric
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Florio, Eric
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Williams, Jeremiah
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Hoey, Robert
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Baez, Stanley
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 25-29 Discourtesy: Word Exonerated
Hoey, Robert Black Male, 25 Force: Physical force Unsubstantiated
Florio, Eric Abuse of Authority: Premises entered and/or searched Exonerated
Florio, Eric Abuse of Authority: Premises entered and/or searched Exonerated
Williams, Jeremiah Abuse of Authority: Premises entered and/or searched Exonerated
Hoey, Robert Abuse of Authority: Premises entered and/or searched Exonerated
Baez, Stanley Abuse of Authority: Premises entered and/or searched Exonerated

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.
'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.


Summary

On April 13, 2016, at approximately 9:25 p.m., [redacted] was inside [redacted] in the Bronx. There was a party inside the apartment, but [redacted] denied knowing the names of anyone present, including [redacted]. [redacted] was intoxicated with alcohol and marijuana. [redacted] stepped out of the apartment into the hallway to get some fresh air, and saw officers identified by the investigation as Sergeant Eric Florio, Detective Jeremiah Williams, Police Officer Stanley Baez and Police Officer Robert Hoey, all of the 47th Precinct, in the building hallway. The officers were responding to a report of a shooting (Board Review 1). An officer whom [redacted] could not identify, but identified by the investigation as PO Hoey allegedly began to punch him without reason (Allegation A). [redacted] fell backward into the apartment, and was followed by Sgt. Florio, Det. Williams, PO Baez and PO Hoey (Allegations B, C, D and E). They attempted to handcuff [redacted] but were unsuccessful and exited the apartment. The officers set a perimeter around the apartment building. While at the rear of the building, Det. Williams and PO Baez witnessed [redacted] throw a handgun out of the window into the back yard. Sgt. Florio then requested that ESU enter the apartment to apprehend [redacted] (Allegation F). An unidentified ESU officer yelled, "Get the fuck on the ground." Before entering the apartment (Allegation G). [redacted] was arrested for criminal possession of a weapon. A search warrant was subsequently obtained to search the apartment. The next day, Sgt. Florio, Det. Williams and PO Hoey conducted the search, locating another firearm and narcotics inside the apartment. [redacted] was arrested for criminal possession of a weapon in the 2nd degree, criminal possession of a controlled substance in the 5th degree with intent to sell, as well as other charges (Board Review 2). [redacted] Read report for details.


Details

Incident: April 13, 2016
Received: May 24, 2016
Closed: November 3, 2017

Reason for contact: Report of other crime
Location: Apartment/house
In NYPD 47th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Yesenia Lopez