Complaint #201704548,
June 6, 2017

Officer: Almeida, Derek
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Almeida, Derek
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Almeida, Derek Hispanic Male, 27 Force: Physical force Unsubstantiated
Almeida, Derek Hispanic Male, 27 Abuse of Authority: Threat of arrest 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.
'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.


Summary

On June 7, 2017, at approximately 5:51 p.m., [redacted] was in Brooklyn, which is a fish market, handing out pamphlets against eating fish. [redacted] was informed by several business owners that he was disrupting their businesses and was asked to leave, or he would be physically removed. At some point, one of the business owners, whom [redacted] assumed was the owner of the fish market, contacted the police. Approximately 15 minutes later, PO Derek Almeida, PO Mia Farina, PO Thomas Coleman and PO Ryan Kelly from the 83rd Precinct responded to the location. [redacted] spoke to PO Almeida and explained to him what happened, while PO Farina said in Spanish the word, "cuchillo" (knife), to the owner of the fish market who responded no. After that, [redacted] and the owner of the fish market provided their accounts of the incident to PO Almeida and to PO Farina. At some point, PO Almeida allegedly pushed [redacted] in the chest and allegedly pinned him against a light pole for approximately five minutes (Allegation A). PO Almeida allegedly told [redacted] if he made any sudden movements he would be handcuffed (Allegation B). At that point, [redacted] began recording the incident using his cell phone. [redacted] left the location without receiving any summonses. Read report for details.


Details

Incident: June 6, 2017
Received: June 7, 2017
Closed: January 25, 2018

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Thomas Coleman, Mia Farina, Ryan Kelly
Video evidence collected