| Officer: | Fernandez, Luis |
|---|---|
| Complainant: | Black Male, 32 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Exonerated |
| Officer: | Birchwood, Omar |
| Complainant: | Black Male, 32 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Fernandez, Luis | Black Male, 32 | Abuse of Authority: Stop | Exonerated |
| Birchwood, Omar | Black Male, 32 | Abuse of Authority: Stop | Exonerated |
Further details on conclusions.
On July 14, 2016, at approximately 9:19 PM, [redacted] left his home at [redacted], in Brooklyn on his motorcycle, a white, 1999 Yamaha YZF-R6. [redacted] rode until he reached the traffic light at the intersection of Utica Avenue and Prospect Place and stopped at a red light. A gray car with tinted windows pulled up on [redacted]'s right side. When the traffic light turned green, the driver's side of window rolled down, and a big, white arm with a light complexion extended out and sprayed a burst of pepper spray into [redacted]'s face. [redacted] grabbed his eyes, fell off of his motorcycle. Shortly after, [redacted] stood up, slightly opened his eyes, and noticed approximately five to six NYPD cars and an unmarked black car. The cars surrounded [redacted]'s motorcycle and parked diagonally in the street. [redacted] was still in the middle of the street when he noticed two uniformed NYPD officers, Sgt. Omar Birchwood and PO Luis Fernandez of PSA 2, standing in front of the corner store. [redacted] said, "Yo, somebody just maced me, somebody just maced me, my eyes is burning." The officers continued to look at [redacted] until one of them told [redacted] that he needed [redacted]'s identification to determine whether [redacted] had any warrants and whether his motorcycle was stolen (Allegation A). [redacted] told Sgt. Birchwood and PO Fernandez that he could not see, and handed his license, insurance card, and registration to one of them. Sgt. Birchwood or PO Fernandez took [redacted]'s license and went over to [redacted]'s motorcycle, which was still in the street near the other officers. Sgt. Birchwood or PO Fernandez pulled out a phone and used it to run [redacted]'s name. Two more uniformed NYPD officers, PO Jacob Samuel and PO Pedro Flores of the 77th Precinct, approached from the opposite side of the crosswalk. PO Samuel told [redacted] not to worry about anything; Sgt. Birchwood and PO Fernandez would just run his ID, make sure he had no warrants, and that everything was okay.
Approximately ten to...
Read report for details.