Complaint #201607222,
August 9, 2016

Officer: Wintermute, Christopher
Complainant: Hispanic Male, 50
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Wintermute, Christopher
Complainant: Hispanic Male, 50
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Stanton, Margaret
Complainant: Hispanic Male, 50
Allegation: Offensive Language: Ethnicity
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Stanton, Margaret
Complainant: Hispanic Male, 50
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Miller, David
Complainant: Hispanic Male, 50
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Stovall, Eric
Complainant: Hispanic Male, 50
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Stovall, Eric
Complainant: Hispanic Male, 50
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Wintermute, Christopher
Complainant: Hispanic Male, 50
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Wintermute, Christopher
Complainant: Hispanic Male, 50
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Miller, David
Complainant: Hispanic Male, 50
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Wintermute, Christopher Hispanic Male, 50 Abuse of Authority: Other Substantiated (Formalized Training)
Wintermute, Christopher Hispanic Male, 50 Discourtesy: Word Unfounded
Stanton, Margaret Hispanic Male, 50 Offensive Language: Ethnicity Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Stanton, Margaret Hispanic Male, 50 Abuse of Authority: Other Substantiated (Formalized Training)
Miller, David Hispanic Male, 50 Abuse of Authority: Other Substantiated (Formalized Training)
Stovall, Eric Hispanic Male, 50 Abuse of Authority: Other Substantiated (Formalized Training)
Stovall, Eric Hispanic Male, 50 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Wintermute, Christopher Hispanic Male, 50 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Wintermute, Christopher Hispanic Male, 50 Force: Physical force Exonerated
Miller, David Hispanic Male, 50 Abuse of Authority: Frisk Exonerated

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Stovall, Eric
No Disciplinary Action-DUP
No penalty

Stanton, Margaret
No Disciplinary Action-DUP
No penalty

Wintermute, Christopher
No Disciplinary Action-DUP
No penalty

Miller, David
No Disciplinary Action-DUP
No penalty

Summary

On August 9, 2016, at approximately 9:30 p.m., [redacted] called 911 to file a complaint against the staff of [redacted] in Manhattan alleging that they were harassing him. PO Christopher Wintermute, PO Margaret Bauert, PO Eric Stovall, and PO David Miller of the 32nd Precinct responded. PO Wintermute and PO Bauert were the first to arrive at the scene. Upon entering, they observed [redacted] arguing with the shelter's staff. [redacted] refused to exit when commanded to, so PO Wintermute forcibly placed him in handcuffs and removed him outside (Allegation A). PO Stovall and PO Miller arrived as PO Wintermute was placing [redacted] in handcuffs. An ambulance was then requested for [redacted] as an Emotionally Disturbed Person (EDP) (Allegations B – E). While [redacted] waited outside, PO Miller frisked [redacted] and PO Wintermute searched his pockets (Allegations F and G). PO Stovall also searched [redacted]'s bags inside of the shelter while [redacted] waited outside (Allegation H). After approximately 20 minutes, EMS arrived and [redacted] was placed inside the ambulance. While inside the ambulance, PO Wintermute allegedly made comments regarding [redacted]'s socio-economic status (Allegation I). PO Bauert also allegedly called [redacted] "Hispanic trash" (Allegation J). PO Wintermute and PO Stovall accompanied [redacted] inside the ambulance to Harlem Hospital, where he was admitted to the psychiatric ward. No summonses were issued or arrests made as a result of this incident. Read report for details.


Details

Incident: August 9, 2016
Received: August 23, 2016
Closed: March 29, 2017
Last Updated: December 11, 2024

Reason for contact: Report-dispute
Location: Residential building
In NYPD 32nd Precinct Manhattan
Outcome: No arrest made or summons issued

Video evidence collected