Complaint #201606719,
July 18, 2016

Officer: Wang, Allen
Complainant: White Male, 79
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Hart, Matthew
Complainant: White Male, 79
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Hart, Matthew
Complainant: White Male, 79
Allegation: Force: Gun Pointed
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Wang, Allen
Complainant: White Male, 79
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Hart, Matthew
Complainant: White Male, 79
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Hart, Matthew
Complainant: White Male, 79
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Hart, Matthew
Complainant: White Male, 79
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Wang, Allen White Male, 79 Force: Physical force Exonerated
Hart, Matthew White Male, 79 Force: Physical force Exonerated
Hart, Matthew White Male, 79 Force: Gun Pointed Exonerated
CCRB Investigator Recommendation: Substantiated
Wang, Allen White Male, 79 Abuse of Authority: Vehicle stop Exonerated
Hart, Matthew White Male, 79 Abuse of Authority: Search (of person) Substantiated (Command Lvl Instructions)
Hart, Matthew White Male, 79 Abuse of Authority: Frisk Exonerated
Hart, Matthew White Male, 79 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated

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

Hart, Matthew
Instructions

Summary

At approximately 12:10 am on July 18, 2016, [redacted] who was [redacted] old at the time, was driving on I-95 in the Bronx with his wife [redacted] When they reached the vicinity of Exit 7, they encountered traffic, and [redacted] pulled the vehicle onto the shoulder of the highway to install a GPS device. PO Allen Wang and PO Matthew Hart of Highway Unit 1, who were at the scene due to an unrelated car accident, approached the vehicle to issue a summons for driving on the shoulder of the highway (Allegation A). PO Wang collected [redacted] s license and returned to the patrol car, which was parked behind [redacted] s vehicle. While PO Wang and PO Hart sat in the patrol car writing the summons, [redacted] exited his vehicle and walked towards the passenger side window of the patrol car to ask the officers a question, in spite of commands for him to return to his vehicle issued over the patrol car's loudspeaker system. PO Hart drew his firearm and pointed it at [redacted] through the closed passenger side window (Allegation B), and allegedly said to [redacted] that he would shoot or kill him (Allegation C). Both officers exited the patrol car and forcibly placed [redacted] in handcuffs (Allegations D and E). PO Hart frisked [redacted] and opened the fanny pack he was wearing in order to inspect its contents for weapons (Allegations F and G). [redacted] was placed in the back of the patrol car, while PO Wang completed the summons for [redacted], and prepared an additional summons for [redacted] When the summonses were completed, [redacted] was escorted back to his car and given permission to leave.
[redacted] Read report for details.


Details

Incident: July 18, 2016
Received: August 5, 2016
Closed: February 24, 2017

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 45th Precinct Bronx
Outcome: Other VTL violation summons issued

Video evidence collected