Complaint #201704266,
July 29, 2016

Officer: Gergis, John
Complainant: White Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Gergis, John
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Gergis, John
Complainant: White Male, 21
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Gergis, John
Complainant: White Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Gergis, John
Complainant: White Male, 21
Allegation: Offensive Language: Ethnicity
CCRB Conclusion: Substantiated (Charges)
Officer: Gergis, John
Complainant: White Male, 21
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Arkenau, John
Complainant: White Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Arkenau, John
Complainant: White Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Arkenau, John
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Arkenau, John
Complainant: White Male, 21
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Gergis, John
Complainant: White Female, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Arkenau, John
Complainant: White Male, 21
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Gergis, John
Complainant: White Male, 21
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Gergis, John White Male, 21 Abuse of Authority: Stop Substantiated (Charges)
Gergis, John Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Gergis, John White Male, 21 Abuse of Authority: Retaliatory arrest Substantiated (Charges)
Gergis, John White Male, 21 Discourtesy: Word Substantiated (Charges)
Gergis, John White Male, 21 Offensive Language: Ethnicity Substantiated (Charges)
Gergis, John White Male, 21 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Arkenau, John White Male, 21 Discourtesy: Word Substantiated (Charges)
Arkenau, John White Male, 21 Abuse of Authority: Stop Substantiated (Charges)
Arkenau, John Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Arkenau, John White Male, 21 Force: Chokehold Unsubstantiated
Gergis, John White Female, 28 Discourtesy: Word Substantiated (Charges)
Arkenau, John White Male, 21 Abuse of Authority: Retaliatory arrest Substantiated (Charges)
Gergis, John White Male, 21 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Charges)

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.


Penalties

Arkenau, John
Forfeit vacation 8 days
Closed: Resolved by plea, December 20, 2018
APU Guilty
Forfeit vacation 8 days

Gergis, John
Forfeit vacation 10 days
Closed: Resolved by plea, December 20, 2018
APU Guilty
Forfeit vacation 10 days / Formalized Training

Summary

On July 29, 2016, at approximately 7:20 p.m., [redacted] was sitting on the front steps of his private home at [redacted] in Brooklyn when PO John Gergis and PO John Arkenau of the 69th Precinct parked across the street in their marked police van. [redacted] walked to the side of his house and entered his backyard through a gate. PO Gergis and PO Arkenau followed [redacted] entered the backyard through the gate, and looked around the backyard (Allegation A and Allegation B). PO Gergis asked [redacted] for his identification, and PO Gergis and PO Arkenau walked with [redacted] to his car so that he could retrieve his identification from the car (Allegation C and Allegation D). [redacted] removed his identification from his car, provided it to PO Gergis, and told PO Gergis to check the address on the identification. PO Arkenau said, "Watch your fucking mouth" (Allegation E). PO Gergis said, "Did I fucking curse at you?" (Allegation F) while lunging toward [redacted] with a clenched fist (Allegation G). PO Gergis referred to [redacted] as a "little bitch" (Subsumed within Allegation F). PO Gergis also said, "I'll take your ass back to your country" to [redacted] who is an American citizen of Arab descent (Allegation H). [redacted] told PO Gergis that he was born in the United States, and PO Gergis, who speaks Arabic, allegedly said, "I don't give a fuck, kahwel" (Subsumed within Allegation F). Kahwel is an Egyptian word that translates to "faggot" in English.
PO Gergis and PO Arkenau placed [redacted] under arrest for [redacted] (Allegation I and Allegation J). The officers grabbed [redacted] s arms to handcuff him, and [redacted] moved away from them. PO Arkenau pushed [redacted] against his vehicle to overcome his resistance, and [redacted] s face and body struck the car, allegedly causing [redacted] to sustain a chipped tooth (Subsumed within Allegation J). PO Gergis said, "Turn the fuck around" while pulling [redacted] s arms behind his back (Subsumed within Allegation F). PO Gergis also gestured toward... Read report for details.


Details

Incident: July 29, 2016
Received: May 30, 2017
Closed: November 22, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 69th Precinct Brooklyn
Outcome: Arrest - disorderly conduct

Video evidence collected