Complaint #201706222,
July 22, 2017

Officer: Query, Brian
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Query, Brian
Complainant: Black Male, 21
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Luckie, Cecilia
Complainant: Black Male, 21
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Query, Brian Black Male, 21 Force: Physical force Exonerated
Query, Brian Black Male, 21 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Command Discipline B)
Luckie, Cecilia Black Male, 21 Abuse of Authority: Refusal to obtain medical treatment 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.

Further details on conclusions.


Penalties

Query, Brian
DAO case
Closed Administratively (No penalty reported)

Luckie, Cecilia
DAO case
Closed Administratively (No penalty reported)

Summary

On July 22, 2017, at approximately 3:10 p.m., [redacted] was standing in front of 726 East 227th Street located between White Plains Road and Barnes Avenue in the Bronx. Also with [redacted] were [redacted] who stood in front of this location, and [redacted] who stood across the street on the opposite sidewalk.
Approximately ten minutes later, Sgt. Brian Query of Bronx North Narcotics exited from an unmarked police vehicle, approximately two car lengths before 726 East 227th Street, and approached [redacted]. As Sgt. Query approached, he attempted to grab onto [redacted]'s t-shirt. [redacted] jump backwards to avoid being grabbed. Sgt. Query then fell to the ground, and pulled [redacted] down with him (Allegation A - Force, [redacted]).
After being brought to his feet, [redacted] made repeated requests for medical treatment to Sgt. Query because he believed his arm had been broken as a result of his apprehension. Sgt. Query allegedly ignored these requests and did not obtain medical treatment for [redacted] (Allegation B - Abuse of Authority, [redacted]). After the initial apprehension, other members of the Buy and Bust Team arrived on scene. These officers included Sgt. Cecilia Luckie, Det. Sean Destefano, Det. James Simpson, Det. Jose Lizardo, Det. James Simpson, Det. Wilbert Hernandez, and Det. Josue Marcelin. [redacted] continued to request to be taken to a hospital for his injury. Sgt. Luckie, the other supervisor on scene, allegedly ignored these requests and did not obtain medical treatment for [redacted] (Allegation C – Abuse of Authority, [redacted] (Board Review 01). Read report for details.


Details

Incident: July 22, 2017
Received: August 1, 2017
Closed: April 5, 2018

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Samantha Angelo, Sean Destefano, Wilbert Hernandez, Jose Lizardo, Josue Marcelin, Victor Reyes, James Simpson