Complaint #201700793,
January 25, 2017

Officer: Doherty, Brian
Complainant: Black Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Smyth, John
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Smyth, John
Complainant: Black Male, 32
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Smyth, John
Complainant: Black Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Smyth, John
Complainant: Black Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Doherty, Brian
Complainant: Black Male, 32
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Doherty, Brian
Complainant: Black Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Doherty, Brian
Complainant: Black Male, 32
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Doherty, Brian Black Male, 32 Abuse of Authority: Stop Exonerated
Smyth, John Black Male, 32 Force: Physical force Exonerated
Smyth, John Black Male, 32 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline A)
Smyth, John Black Male, 32 Discourtesy: Word Substantiated (Command Discipline A)
Smyth, John Black Male, 32 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Doherty, Brian Black Male, 32 Discourtesy: Action Unsubstantiated
Doherty, Brian Black Male, 32 Discourtesy: Word Unsubstantiated
Doherty, Brian Black Male, 32 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Stop Alleged Victim Uncooperative
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Search (of person) Alleged Victim Uncooperative
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Frisk Alleged Victim Uncooperative

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

Smyth, John
Filed
Resigned

Doherty, Brian
No Disciplinary Action-DUP
No penalty

Summary

On January 25, 2017, at approximately 1:00 a.m., [redacted] drove on Marion Avenue between East 195th Street and East 194th Street in the Bronx. [redacted] parked his vehicle next to a fire hydrant in front of a barber shop near the corner of East 194th Street and Marion Avenue and met his friend, [redacted] outside it. An unmarked NYPD vehicle approached, drove away, and returned approximately five minutes later, when [redacted] and [redacted] were inside [redacted] vehicle in the same location.
Police Officer Brian Doherty of the 52nd Precinct exited the unmarked vehicle, approached [redacted] vehicle, and asked [redacted] for identification and documents related to the vehicle (Allegation A). When [redacted] provided his learner permit and refused to provide additional documents, Police Officer Doherty allegedly threw [redacted] identification onto him (Allegation B) and allegedly said, "I'm not dealing with this shit" (Allegation C). Police Officer John Smyth of the 52nd Precinct walked to the driver door of [redacted] vehicle, reached inside the vehicle's driver door, unlocked it, opened it, and grabbed [redacted] s arm. Police Officer Smyth said, "Reach, and I'll fucking lay you," (Allegations D and E) and pulled [redacted] from his vehicle (Allegation F). Police Officer Smyth frisked [redacted] (Allegation G) while one of the other officers allegedly stopped, frisked, and searched [redacted] (Allegations H, I, and J). Police Officer Doherty searched [redacted] vehicle (Allegation K). Read report for details.


Details

Incident: January 25, 2017
Received: January 31, 2017
Closed: July 12, 2017

Reason for contact: Parking violation
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Joseph Walsh
Video evidence collected