Complaint #201606619,
July 27, 2016

Officer: Powers, Erek
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Powers, Erek
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Powers, Erek
Complainant: Hispanic Male, 20
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Powers, Erek
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Powers, Erek Hispanic Male, 20 Force: Physical force Unsubstantiated
Powers, Erek Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Powers, Erek Hispanic Male, 20 Force: Other Unsubstantiated
Powers, Erek Hispanic Male, 20 Abuse of Authority: Other 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.
'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

Powers, Erek
Command Discipline - A

Summary

On July 27, 2016, at approximately 1:30pm, Sgt. Erek Powers, PO Mark Xylas, PO Amber Lagrandier, and PO Robert McNeill, all of the 81st Precinct, responded to [redacted] in Brooklyn, where they were informed by the female victim, [redacted] that she had seen a [redacted] her ex-boyfriend, who robbed her earlier in the day through the first floor window apartment at the location. This was the window of [redacted]'s apartment, who was inside at the time.
Sgt. Powers, and PO Xylas, knocked on [redacted]'s door, and when he opened it, explained the situation to him. [redacted] refused to let the officers inside his apartment. During their brief conversation, the officers heard a noise coming from inside the back of the apartment. Sgt. Powers then entered the apartment, as [redacted] tried to block him with his body (Allegation A). After PO Xylas entered the apartment, and placed a handcuff on [redacted] Sgt. Powers went into the rear of the apartment and conducted a person search in the back room (Within Allegation A)
During this time, PO Xylas and PO McNeill began to struggle to successfully place [redacted] in handcuffs. When Sgt. Powers returned from the search, he approached [redacted] and allegedly grabbed him by the back of his shirt and threw him to the floor (Allegation B). Sgt. Powers then allegedly placed his knee on the lower back area of [redacted] which caused him to have difficulty breathing (Allegation C).
Once successfully handcuffed, [redacted] was taken outside and then transported the 81st Precinct from where he was released with a disorderly conduct summons issued by PO Xylas. (Allegation D) Read report for details.


Details

Incident: July 27, 2016
Received: August 2, 2016
Closed: February 22, 2017

Reason for contact: Report of other crime
Location: Residential building
In NYPD 81st Precinct Brooklyn
Outcome: Summons - disorderly conduct

Witness Officers: Amber Lagrandier, Robert Mcneill, Mark Xylas