Complaint #201610558,
December 23, 2016

Officer: Acuria, Julio
Complainant: Male, 47
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Chow, Kevin
Complainant: Male, 47
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Kogan, Paul
Complainant: Male, 47
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Kogan, Paul
Complainant: Male, 47
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Kogan, Paul
Complainant: Male, 47
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Acuria, Julio Male, 47 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Lvl Instructions)
Chow, Kevin Male, 47 Abuse of Authority: Stop Exonerated
Kogan, Paul Male, 47 Force: Gun Pointed Substantiated (Formalized Training)
Kogan, Paul Male, 47 Abuse of Authority: Stop Exonerated
Kogan, Paul Male, 47 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated

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.
'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.


Penalties

Acuria, Julio
Command Discipline - A

Kogan, Paul
Formalized Training

Summary

On December 23, 2016, at approximately 8:30 p.m., [redacted]'s motorcycle battery died and he walked his motorcycle up Prince Street in Brooklyn, hoping to get a boost at the nearby FDNY or NYPD stationhouses. PO Paul Kogan and PO Kevin Chow, both of the 84th Precinct, pulled up diagonally in front of [redacted] in their unmarked SUV, cutting him off (Allegations A and B). Immediately after PO Kogan exited the vehicle, he drew his gun and pointed it at [redacted] (Allegation C). [redacted] requested [redacted]. [redacted] replied, "I'd like to see your ID." [redacted] produced [redacted]'s identification, and gave it to PO Kogan. PO Kogan glanced at it, returned it to [redacted] and the officers walked toward the unmarked SUV. [redacted] said, "Wait a minute, you still have not told me who you are." PO Kogan reached his hand inside his jacket and pulled out a small shield that hung around his neck. PO Kogan's fingers were covering most of the shield, and [redacted] could not see it (Allegation D). The officers left in the unmarked SUV.
On December 28, 2016, at approximately 10:30 p.m., [redacted] went to the 84th Precinct stationhouse to file a complaint. He spoke with Sgt. Julio Acuria of the 84th Precinct. [redacted] requested to file a complaint against PO Kogan and PO Chow, but Sgt. Acuria informed him that he had no complaint worksheets and referred [redacted] to 311 (Allegation E). Read report for details.


Details

Incident: December 23, 2016
Received: December 29, 2016
Closed: May 19, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 84th Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected