Complaint #201605169,
June 12, 2016

Officer: Miller, Michael
Complainant: Hispanic Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Miller, Michael
Complainant: Hispanic Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Miller, Michael
Complainant: Hispanic Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Miller, Michael
Complainant: Hispanic Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Miller, Michael
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Victim Unidentified
Officer Complainant Allegation CCRB Conclusion
Miller, Michael Hispanic Male, 39 Force: Physical force Substantiated (Charges)
Miller, Michael Hispanic Male, 39 Discourtesy: Word Unsubstantiated
Miller, Michael Hispanic Male, 39 Force: Physical force Unsubstantiated
Miller, Michael Hispanic Male, 39 Force: Physical force Exonerated
Miller, Michael Male Discourtesy: Word Victim Unidentified

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.


Penalty

Miller, Michael
Closed: Not guilty after trial-PC Approved, December 7, 2017
APU Not guilty

Summary

On June 12, 2016, at approximately 3:15 a.m., [redacted] walked with [redacted] to the Deli and Grill store, located at 829 Gates Avenue in Brooklyn. Sgt. Michael Miller told an unidentified individual to "shut the fuck up" (Allegation A). Sgt. Miller pushed [redacted] (Allegation B). [redacted] walked away from Sgt. Miller. Sgt. Miller took [redacted] to the ground and placed him in handcuffs (Allegation C). Sgt. Miller punched [redacted] in the face (Allegation D) and told him to "shut the fuck up" and "lay the fuck down (Allegation E). [redacted] was arrested for [redacted] (Board Review 01). After being transported to the 81st Precinct stationhouse, [redacted] was transported to [redacted] (Board Review 02 and 03).
[redacted] provided a video on his cell phone taken of the surveillance video from the Deli and Grill (Board Review 04-05). The footage provided by [redacted] can be found under Board Review 04 and the transcription of the footage under Board Review 05. The video depicts Sgt. Miller pushing [redacted] followed by [redacted] and [redacted] walking away and Sgt. Miller following them. Read report for details.


Details

Incident: June 12, 2016
Received: June 15, 2016
Closed: December 16, 2016
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Brian Hellberg
Video evidence collected