Complaint #201607556, August 2016

Incident: August 27, 2016
Received: September 1, 2016
Closed: February 2, 2017

Documents:
Complaint Closing Report
APU Quarterly Report summary (David Mercado)

Reason for contact: Report-gun possession/shots fired
Location: Street/highway
In NYPD 79th Precinct Brooklyn
Outcome: No arrest made or summons issued

Officer:	Cash, Gerard
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion:	Substantiated (Charges)
NYPD Disposition:	APU Guilty
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Force: Other
CCRB Conclusion:	Substantiated (Charges)
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Force: Physical force
CCRB Conclusion:	Substantiated (Charges)
NYPD Disposition:	APU Guilty
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Force: Chokehold
CCRB Conclusion:	Substantiated (Charges)
NYPD Disposition:	APU Guilty
Officer:	Melore, Salvatore
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion:	Substantiated (Command Discipline B)
NYPD Disposition:	Command Discipline - A
Officer:	Cash, Gerard
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Stop
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Stop
CCRB Conclusion:	Substantiated (Charges)
NYPD Disposition:	APU Not guilty
Officer:	Cash, Gerard
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Search (of person)
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Cash, Gerard
Complainant:	Black Male, 18
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Force: Chokehold
CCRB Conclusion:	Unsubstantiated
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Force: Other
CCRB Conclusion:	Unsubstantiated
Officer:	Mercado, David
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Frisk
CCRB Conclusion:	Substantiated (Charges)
NYPD Disposition:	APU Not guilty
Officer:	Cash, Gerard
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Frisk
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Melore, Salvatore
Complainant:	Black Male, 18
Allegation:	Abuse of Authority: Stop
CCRB Conclusion:	Substantiated (Command Discipline B)
NYPD Disposition:	Formalized Training

Officer	Complainant	Allegation	CCRB Conclusion
Cash, Gerard	Black Male, 18	Abuse of Authority: Refusal to provide name/shield number	Substantiated (Command Discipline B)
Mercado, David	Black Male, 18	Abuse of Authority: Refusal to provide name/shield number	Substantiated (Charges)
	NYPD Disposition: APU Guilty
Mercado, David	Black Male, 18	Force: Other	Substantiated (Charges)
Mercado, David	Black Male, 18	Force: Physical force	Substantiated (Charges)
	NYPD Disposition: APU Guilty
Mercado, David	Black Male, 18	Force: Chokehold	Substantiated (Charges)
	NYPD Disposition: APU Guilty
Melore, Salvatore	Black Male, 18	Abuse of Authority: Refusal to provide name/shield number	Substantiated (Command Discipline B)
	NYPD Disposition: Command Discipline - A
Cash, Gerard	Black Male, 18	Abuse of Authority: Stop	Substantiated (Command Discipline B)
Mercado, David	Black Male, 18	Abuse of Authority: Stop	Substantiated (Charges)
	NYPD Disposition: APU Not guilty
Cash, Gerard	Black Male, 18	Abuse of Authority: Search (of person)	Substantiated (Command Discipline B)
Cash, Gerard	Black Male, 18	Force: Physical force	Exonerated
Mercado, David	Black Male, 18	Force: Chokehold	Unsubstantiated
Mercado, David	Black Male, 18	Force: Physical force	Exonerated
Mercado, David	Black Male, 18	Force: Other	Unsubstantiated
Mercado, David	Black Male, 18	Abuse of Authority: Frisk	Substantiated (Charges)
	NYPD Disposition: APU Not guilty
Cash, Gerard	Black Male, 18	Abuse of Authority: Frisk	Substantiated (Command Discipline B)
Melore, Salvatore	Black Male, 18	Abuse of Authority: Stop	Substantiated (Command Discipline B)
	NYPD Disposition: Formalized Training

Penalties

Cash, Gerard

NYPD Conclusion: Filed

Penalty: Resigned

Melore, Salvatore

Penalty: Command Discipline - A

Mercado, David

CCRB Recommended Penalty: Forfeit vacation 15 days

APU Trial Commissioner Penalty: Forfeit vacation 15 days

APU Case Status: Closed: Guilty after trial, May 2019

Penalty: Forfeit vacation 15 days

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.