Complaint #201605134,
June 5, 2016

Officer: Nelson, Mackenson
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Nelson, Mackenson Black Male, 32 Force: Physical force 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.


Penalty

Nelson, Mackenson
No Disciplinary Action-DUP
No penalty

Summary

Officers stopped a man for drinking alcohol out of a plastic cup on a street corner in Brooklyn (the man claimed it was a Malta beverage). When he would not provide his identification willingly, he was taken in the precinct. In the precinct, he was handcuffed and asked to take off his shoes, belt and socks. He refused. In the cell, he was approached by Sgt. Mackenson Nelson.
Sergeant Nelson and other officers stated that the man had spit at them and feigned a punch. Sergeant Nelson testified at his CCRB interview that in response, he grabbed the man by his shoulders and turned him towards the wall. He testified that he did not punch the man. However, contemporaneous NYPD paperwork (a Treatment, Response and Injury Report), noted that the man had been punched, and stated that "The sergeant's punch appeared to be in self-defense from a would-be punch from the prisoner.
After the prisoner was struck once, he was pushed against the wall and immediately handcuffed." The sergeant, shown this paperwork, stated that he did not fill it out and did not inform anyone that he had punched the prisoner. Bleeding from the head, the man was transported by EMS to a hospital where he was diagnosed with a broken nose.
The CCRB substantiated allegations of excessive force against Sgt. Nelson and found that he made a false statement in the investigation when he contradicted the contemporaneous PD documentation.
The NYPD did not Punish Sgt. Nelson for the false statement and the CCRB allegations are listed as "false official statement" with no other information in a letter from the district attorney.
Previously, Sgt. Nelson was given Command Discipline B and A respectively for inaccurate or incomplete memobook entries in two incidents in February 2011 and December 2015. Read report for details.


Details

Incident: June 5, 2016
Received: June 14, 2016
Closed: February 6, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Police building
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Horacio Delgado, Akil Guy