| Officer: | Winston, Marshall |
|---|---|
| Complainant: | Black Male, 41 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| NYPD Disposition: | Command Level Instructions |
| Officer: | Winston, Marshall |
| Complainant: | Black Male, 41 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Exonerated |
| Officer: | Winston, Marshall |
| Complainant: | Black Male, 41 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Winston, Marshall |
| Complainant: | Black Male, 41 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Investigator Recommendation: | Substantiated |
| CCRB Board Conclusion: | Unsubstantiated |
| Officer: | Albergo, Nicholas |
| Complainant: | Black Male, 41 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Exonerated |
| Officer: | Winston, Marshall |
| Complainant: | Black Male, 40 |
| Allegation: | Discourtesy: Action |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Winston, Marshall |
| Complainant: | Black Male, 31 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| NYPD Disposition: | Formalized Training |
| Officer: | Winston, Marshall |
| Complainant: | Black Male, 30 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Unsubstantiated |
| Officer | Complainant | Allegation | CCRB Board Conclusion |
|---|---|---|---|
| Winston, Marshall | Black Male, 41 | Discourtesy: Word | Substantiated (Command Discipline A) |
| NYPD Disposition: Command Level Instructions | |||
| Winston, Marshall | Black Male, 41 | Abuse of Authority: Threat of arrest | Exonerated |
| Winston, Marshall | Black Male, 41 | Abuse of Authority: Stop | Unsubstantiated |
| Winston, Marshall | Black Male, 41 | Abuse of Authority: Threat of force (verbal or physical) | Unsubstantiated |
| CCRB Investigator Recommendation: Substantiated | |||
| Albergo, Nicholas | Black Male, 41 | Abuse of Authority: Threat of arrest | Exonerated |
| Winston, Marshall | Black Male, 40 | Discourtesy: Action | Unsubstantiated |
| Winston, Marshall | Black Male, 31 | Abuse of Authority: Search (of person) | Substantiated (Command Discipline A) |
| NYPD Disposition: Formalized Training | |||
| Winston, Marshall | Black Male, 30 | Abuse of Authority: Threat of arrest | Unsubstantiated |
Further details on conclusions.
On August 6, 2016, at approximately 8:58 p.m., [redacted] and [redacted] were in front of 28 Fleet Walk, in Brooklyn, which is part of the Ingersoll Houses NYCHA complex, with their friends, [redacted] and [redacted] The men were seated on or standing nearby NYCHA benches, and [redacted] was seated in a chair he had brought with him. Sergeant Marshall Winston of Housing Borough Brooklyn IRT stopped the men and told them they would be arrested if they did not produce their identification (Allegations A, B, and C). PO Nicholas Albergo of Housing Borough Brooklyn IRT also threatened to arrest [redacted] (Allegation D). Sgt. Winston approached the men with his Taser in his hand (Allegation E). During the stop, Sgt. Winston allegedly made various discourteous statements to [redacted] and [redacted] such as, "Move the fuck out of my way," "Get off the motherfucking chair," and, "You live in shit and piss" (Allegation F). Sgt Winston allegedly emptied the contents of [redacted] bottle of water or juice (Allegation G). Sgt Winston also searched [redacted] backpack (Allegation H).
[redacted] was arrested for public consumption of alcohol (Board Review 04). [redacted] was issued a summons for disorderly conduct (littering), and both [redacted] and [redacted] were issued summonses for disorderly conduct (obstructing pedestrian pathway) (Board Review 05; 06; 07).
[redacted] was not arrested or issued a summons. [redacted] and [redacted] witnessed portions of the incident. [redacted] and [redacted] recorded videos of the incident, which they provided to the CCRB. The footage taken by [redacted] does not show any police misconduct (Board Review 43). In the footage taken by [redacted] and [redacted] Sgt Winston is seen holding his Taser, and is heard threatening to arrest the males (Board Review 34; 30; 48; 49). The footage taken by [redacted] shows Sgt Winston making discourteous statements to the males, and shows him later holding [redacted] backpack. It also shows PO Albergo threatening to arrest [redacted] and [redacted]...
Read report for details.