Complaint #201701980,
March 8, 2017

Officer: Gallagher, Ryan
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Sylvestre, Raphael
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Sylvestre, Raphael
Complainant: Female, 17
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Sylvestre, Raphael
Complainant: Black Male, 17
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Gallagher, Ryan Black Male, 17 Force: Physical force Exonerated
Sylvestre, Raphael Black Male, 17 Force: Physical force Exonerated
Sylvestre, Raphael Female, 17 Abuse of Authority: Interference with recording Unsubstantiated
Sylvestre, Raphael Black Male, 17 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)

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.


Penalty

Sylvestre, Raphael
No Disciplinary Action-DUP
No penalty

Summary

On March 8, 2017, at approximately 2:46 PM, [redacted] and [redacted] entered into the Morgan Avenue Subway Station on the L line in Brooklyn. [redacted] and [redacted] doubled up in the turnstile, and entered into the subway station on a single swipe of [redacted]'s metro card, and were stopped by Police Officer Ryan Gallagher, and Police Officer Raphael Sylvestre, both of Transit District 33. PO Gallagher asked [redacted] and [redacted] for their identification, and both complied with his instruction. PO Gallagher ran [redacted] and [redacted]'s names, and discovered that [redacted] had an active I-Card. PO Gallagher informed PO Sylvestre of his discovery, and both officers instructed [redacted] to put his arms behind his back. [redacted] refused to put his arms behind his back, and asked the officers why he was being arrested, while the officers continued to instruct [redacted] to put his arms behind his back. PO Gallagher and PO Sylvestre leg swept [redacted] to the ground (Allegation A, Allegation B). Once [redacted] was on the ground, PO Sylvestre pointed his OC Spray at [redacted]'s face and told him that if he did not give the officers his arms, he would be sprayed (Allegation C). [redacted] allegedly attempted to record [redacted]'s interaction with the officers, and PO Sylvestre allegedly told her that she was not allowed to record (Allegation D). Read report for details.


Details

Incident: March 8, 2017
Received: March 15, 2017
Closed: August 31, 2017

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 90th Precinct Brooklyn
Outcome: Arrest - other violation/crime