Complaint #201609182,
November 1, 2016

Officer: Smith, Thomas
Complainant: Hispanic Male, 42
Allegation: Force: Other
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Officer: Smith, Thomas
Complainant: Hispanic Male, 42
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Thomas
Complainant: Hispanic Male, 42
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Smith, Thomas
Complainant: Hispanic Male, 42
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Officer: Smith, Thomas
Complainant: Hispanic Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer Complainant Allegation CCRB Conclusion
Smith, Thomas Hispanic Male, 42 Force: Other Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Smith, Thomas Hispanic Male, 42 Discourtesy: Word Unsubstantiated
Smith, Thomas Hispanic Male, 42 Abuse of Authority: Threat of arrest Unsubstantiated
Smith, Thomas Hispanic Male, 42 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Smith, Thomas Hispanic Male, 42 Abuse of Authority: Frisk Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP

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

Smith, Thomas
Formalized Training

Summary

On November 1, 2016, at approximately 8:00 p.m., [redacted] went alone to the 18th Precinct stationhouse, located at 306 West 54th Street, in Manhattan. [redacted] met PO Whickers outside the stationhouse and spoke with her. She refused to talk with [redacted] and walked away. At this time, [redacted] noticed the executive officer of the 18th precinct, CAPT Thomas Smith, outside the stationhouse, and approached him. [redacted] spoke with CAPT Smith, who asked him to come into the stationhouse with him. CAPT Smith obtained [redacted] s identification, and walked with him into an office in the stationhouse. SGT Jude Sciarillo, of the Intelligence Division, was in the office, and CAPT Smith asked him to stay and witness their discussion. [redacted]
Around this time, [redacted] decided that he wanted to leave, and asked CAPT Smith for his identification. CAPT Smith refused to give [redacted] his identification, and told him that he had to stay (Allegation A). [redacted] stood up and repeated that he wanted to leave, and CAPT Smith allegedly said, "Sit the fuck down," and told [redacted] that he would be arrested if he tried to leave (Allegations B and C). After that CAPT Smith left the room, but came back around 20 minutes later. When CAPT Smith returned, [redacted] repeated that he wanted to leave and then stood up. CAPT Smith reached out and felt [redacted] s waist, and then lifted up his shirt above him waistband (Allegations D and E). After that CAPT Smith left the room.
Officers from Manhattan Borough Investigations arrived at the precinct a short time later. They gave [redacted] back his identification and interviewed him about his allegation. After that, [redacted] left the stationhouse. Read report for details.


Details

Incident: November 1, 2016
Received: November 2, 2016
Closed: February 17, 2017

Reason for contact: C/V at PCT to file complaint of crime
Location: Police building
In NYPD Midtown North Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Jude Sciarillo