Complaint #201605625,
May 21, 2016

Officer: Oyague, David
Complainant: Black Male, 26
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Oyague, David
Complainant: Black Male, 26
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lee, Anthony
Complainant: Black Male, 26
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Delaney, Robert
Complainant: Black Male, 26
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Formalized Training
Officer: Owens, Steven
Complainant: Black Male, 26
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Drury, Matthew
Complainant: Black Male, 26
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Oyague, David
Complainant: Black Male, 26
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Delaney, Robert
Complainant: Black Male, 26
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer Complainant Allegation CCRB Conclusion
Oyague, David Black Male, 26 Abuse of Authority: Threat of arrest Exonerated
Oyague, David Black Male, 26 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline A)
Lee, Anthony Black Male, 26 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline A)
Delaney, Robert Black Male, 26 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline A)
NYPD Disposition: Formalized Training
Owens, Steven Black Male, 26 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline A)
Drury, Matthew Black Male, 26 Abuse of Authority: Refusal to process civilian complaint Miscellaneous - Subject Resigned
Oyague, David Black Male, 26 Abuse of Authority: Threat of arrest Substantiated (Command Discipline A)
Delaney, Robert Black Male, 26 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A

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.

Further details on conclusions.


Penalties

Owens, Steven
Formalized Training

Lee, Anthony
Formalized Training

Oyague, David
Formalized Training

Delaney, Robert
Formalized Training

Summary

At approximately 4:30 p.m. on May 21, 2016, [redacted] observed PO Ruddy Pina and Michael DeVito of the 75th Precinct sitting in a marked vehicle near the intersection of Jamaica Avenue and Miller Avenue in Brooklyn. Their vehicle was pointed against the flow of traffic. [redacted] approached the officers and told them that they were parked improperly. The officers told him that they had been instructed to park in that position by their commanding officer, who could be reached by telephone at the 75th Precinct stationhouse.
[redacted] called the stationhouse directly and spoke to the telephone switchboard operator, PO Robert Delaney. [redacted] told PO Delaney that he wanted to file a complaint about the way that PO Pina and PO DeVito were parked. PO Delaney told [redacted] that the matter was not serious, and told him to leave the two officers alone (Allegation A). [redacted] told PO Delaney that he was going to travel to the stationhouse directly to file his complaint against PO Pina and PO DeVito, as well as against PO Delaney for being rude.
At approximately 6:00 p.m., [redacted] traveled to the 75th Precinct stationhouse to file his complaint directly. [redacted] entered the stationhouse and approached the front desk. He recorded this interaction using his cell phone. PO Oyague told [redacted] that he was not allowed to record by the front desk, but that he could record freely in the adjacent waiting room. When [redacted] did not stop recording, PO Oyague told him, "If you don't step outside, you're going to be collared." When [redacted] asked him what he meant by this, PO Oyague stated, "Arrested" (Allegation B).
[redacted] then went to the waiting area, where he spoke to PO Oyague and PO Delaney. PO Oyague asked [redacted] repeatedly to describe his complaint. [redacted] stated that he would prefer to fill out a complaint form himself. He also requested to speak to a supervisor. PO Oyague and PO Delaney told [redacted] that he could not fill the form out himself, and refused to provide the form to... Read report for details.


Details

Incident: May 21, 2016
Received: June 29, 2016
Closed: January 9, 2017

Reason for contact: C/V at PCT to obtain information
Location: Police building
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: William Hall
Video evidence collected