Complaint #201609432,
October 31, 2016

Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Silvester, Edward
Complainant: Black Male, 29
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Silvester, Edward
Complainant: Black Male, 29
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 25-29 Force: Physical force Officer(s) Unidentified
Silvester, Edward Black Male, 29 Force: Nonlethal restraining device Substantiated (Command Discipline B)
Silvester, Edward Black Male, 29 Abuse of Authority: Other Exonerated
Unknown Officer Black Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Abuse of Authority: Search (of person) 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Silvester, Edward
No Disciplinary Action-DUP
No penalty

Summary

On October 31, 2016, at approximately 9:35 p.m., PO Mark Lewis and PO Christopher Costello, of the 113th Precinct, responded to [redacted] in Queens in regards to a report of people fighting and shots fired. Upon arrival, PO Lewis and PO Costello observed [redacted] bleeding from a laceration to his shoulder and asked if he needed help. [redacted] replied that he did not need any help and walked away from the officers. PO Michael Mendola, PO William Schroder, PO Brian Fontanella, PO Kyle Young, PO Christopher Costello, Sgt. Edward Silvester, and other unknown officers, all from the 113th Precinct, arrived on the scene and followed [redacted]. [redacted] told the officers that they could search him to confirm that he did not have a weapon on him and officers allegedly did so (Allegation A). Sgt. Silvester told [redacted] that he had to go to the hospital to have his injuries treated (Allegation B). [redacted] refused and cursed at the officers. Unknown officers responded by allegedly telling [redacted] to, "Shut the fuck up" (Allegations C). [redacted] continued to refuse to go to the hospital and Sgt. Silvester Tased him (Allegation D). [redacted] fell to the ground and within two seconds of the first Taser cycle, Sgt. Silvester used a second Taser cycle on [redacted] (also Allegation D). While [redacted] was on the ground, unknown officers allegedly punched and stomped on his back (Allegation E). Once [redacted] was handcuffed, the same unknown officers allegedly dragged [redacted] over broken glass on the ground (also Allegation E). This force allegedly caused [redacted] to sustain bruises and lacerations all over his body and also allegedly exacerbated his pre-existing laceration. The incident was witnessed by [redacted]'s friend [redacted] a female only known as [redacted] and two 911 callers who wished to remain anonymous. Sgt. Burt Antoine and other members of the 113th Precinct Detective Squad arrived on the scene after the Tasing. [redacted] was transported via ambulance to [redacted] to have his... Read report for details.


Details

Incident: October 31, 2016
Received: November 14, 2016
Closed: July 12, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Burt Antoine, Christophe Costello, Brian Fontanella, Mark Lewis, Michael Mendola, William Schroder, Kyle Young