Complaint #201604641,
May 28, 2016

Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Garcia, Brian
Complainant: Black Male, 18
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Mullen, Brian
Complainant: Hispanic Male, 42
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 15-17 Force: Physical force Officer(s) Unidentified
Unknown Officer Hispanic Male, 15-17 Abuse of Authority: Strip-searched Officer(s) Unidentified
Unknown Officer Hispanic Male, 15-17 Force: Hit against inanimate object Officer(s) Unidentified
Unknown Officer Hispanic Male, 40-44 Discourtesy: Word Officer(s) Unidentified
Garcia, Brian Black Male, 18 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Mullen, Brian Hispanic Male, 42 Abuse of Authority: Other Substantiated (Command Discipline B)

Conclusion Meanings:

'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

Mullen, Brian
No Disciplinary Action-DUP
No penalty

Summary

On May 28, 2016, at approximately 4:45 p.m., members of the [redacted] and [redacted] families engaged in a verbal dispute in the waiting room of [redacted] emergency room. The families were separated, and Det. Juan Valdez, of the 229 Missing Persons Squad and at the time serving as [redacted] paid detail, instructed the [redacted] to exit the hospital, which they did. Shortly thereafter, the argument began again, with [redacted] and his brother standing inside the hospital's foyer, while members of the [redacted] family, including [redacted] and [redacted] stood just beyond the hospital's exit. Det. Valdez and [redacted] security staff were unable to keep the groups separate, so Det. Valdez called for backup. Shortly thereafter, Sgt. Johnny Napoleon and other officers from the 44th Precinct arrived at the scene and worked to physically separate the groups. [redacted] attempted to verbally alert officers of [redacted] who was directing gang signs at the [redacted] Amidst this conversation, Ins. Brian Mullen, at the time of the 44th Precinct, arrived and approached the scene. Ins. Mullen reached his hand out to [redacted]s shoulder, which [redacted] lightly brushed off his person. Immediately, Ins. Mullen and numerous other 44th Precinct officers converged on [redacted] brought him to the ground, and arrested him (Allegation A). (Board Review 01)
[redacted] attempted intervene in Ins. Mullen's arrest of [redacted] his father, and was promptly, physically moved away by multiple officers. [redacted] resisted officers by flailing his arms, yet was eventually brought to the ground (Allegation B). On the ground, officers kneed [redacted] in the back and slammed his head against the pavement. After officers handcuffed [redacted] he was stood up and frisked by multiple officers. During this frisk, [redacted]s shorts fell to the ground, and an officer prevented [redacted] and other officers from pulling his pants back up (Allegation C). Officers then brought [redacted] to the rear of a civilian car, where they pressed... Read report for details.


Details

Incident: May 28, 2016
Received: May 31, 2016
Closed: December 16, 2016

Reason for contact: C/V requested investigation of crime
Location: Hospital
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Michael Cohn, Michael Jenkins, Johnny Napoleon, Juan Valdez
Video evidence collected