Complaint #201705711,
June 29, 2017

Officer: Sample, Kevon
Complainant: Black Male, 37
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Sample, Kevon
Complainant: Black Male, 37
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Sample, Kevon
Complainant: Black Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Hernandez, Nelson
Complainant: Black Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Odea, Ryan
Complainant: Black Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Nelson
Complainant: Black Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Nelson
Complainant: Black Male, 37
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Sample, Kevon Black Male, 37 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Sample, Kevon Black Male, 37 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Sample, Kevon Black Male, 37 Force: Physical force Substantiated (Charges)
Hernandez, Nelson Black Male, 37 Force: Physical force Exonerated
Odea, Ryan Black Male, 37 Force: Physical force Unsubstantiated
Hernandez, Nelson Black Male, 37 Force: Physical force Unsubstantiated
Hernandez, Nelson Black Male, 37 Abuse of Authority: Other Substantiated (Command Discipline B)

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

Hernandez, Nelson
No Disciplinary Action-DUP
No penalty

Sample, Kevon
Closed: Trial verdict reversed by PC, Final verdict Not Guilty, December 18, 2019
APU Not guilty

Summary

On June 29, 2017, at approximately 5:14 p.m., [redacted] was in the vicinity of Madison Avenue and East 81st Street in Manhattan where private and public funeral ceremonies were being held for the rapper Prodigy. [redacted] became involved in an interaction with PO Nelson Hernandez of Patrol Borough Manhattan North who asked him to leave from the area. PO Hernandez interfered with [redacted] ability to record him by swiping at his cell phone (Allegation A). PO Hernandez allegedly pushed [redacted] multiple times in the chest down the street (Allegation B). Lt. Kevon Sample of the 19th Precinct became involved in trying to get [redacted] to leave the area. Lt. Sample pushed [redacted] into the street (Allegation C). [redacted] became involved in a physical struggle with multiple officers after it was determined he was being placed under arrest. PO Ryan Odea of Patrol Borough Manhattan North allegedly struck [redacted] with his knee multiple times and placed his knee on his head (Allegation D). Lt. Sample threatened to taser [redacted] (Allegation E). PO Hernandez stepped on [redacted] ankle (Allegation F). At the 19th Precinct stationhouse, Lt. Sample allegedly threatened to fight [redacted] (Allegation G). Read report for details.


Details

Incident: June 29, 2017
Received: July 14, 2017
Closed: January 9, 2018

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 19th Precinct Manhattan
Outcome: Arrest - resisting arrest

Witness Officers: Jayson Evert, Stephen Feasel, Jessica Figueroa, Kim Garcia, Brendan Lherisson, Michael Lombardi
Video evidence collected