Complaint #201706399,
October 18, 2016

Officer: Beers, Frank
Complainant: Black Male, 30
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Nguyen, Vu
Complainant: Black Male, 30
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Diab, William
Complainant: Black Male, 30
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Nguyen, Vu
Complainant: Black Male, 30
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer: Nguyen, Vu
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Nguyen, Vu
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Nguyen, Vu
Complainant: Black Male, 30
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Diab, William
Complainant: Black Male, 30
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Diab, William
Complainant: Black Male, 30
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Beers, Frank
Complainant: Black Male, 30
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Beers, Frank
Complainant: Black Male, 30
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Beers, Frank
Complainant: Black Male, 30
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Nguyen, Vu
Complainant: Black Male, 30
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Beers, Frank Black Male, 30 Abuse of Authority: Vehicle stop Exonerated
Nguyen, Vu Black Male, 30 Abuse of Authority: Vehicle stop Exonerated
Diab, William Black Male, 30 Abuse of Authority: Vehicle stop Exonerated
Nguyen, Vu Black Male, 30 Abuse of Authority: Search of recording device Unsubstantiated
Nguyen, Vu Black Male, 30 Discourtesy: Word Unsubstantiated
Nguyen, Vu Black Male, 30 Discourtesy: Word Unsubstantiated
Nguyen, Vu Black Male, 30 Force: Other Unsubstantiated
Diab, William Black Male, 30 Abuse of Authority: Other Unsubstantiated
Diab, William Black Male, 30 Abuse of Authority: Other Unsubstantiated
Beers, Frank Black Male, 30 Abuse of Authority: Vehicle search Unsubstantiated
Beers, Frank Black Male, 30 Abuse of Authority: Frisk Unsubstantiated
Beers, Frank Black Male, 30 Abuse of Authority: Search (of person) Unsubstantiated
Nguyen, Vu Black Male, 30 Abuse of Authority: Property damaged Unsubstantiated

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

At approximately 11:00 PM on October 18, 2016, [redacted] was driving when he was stopped by Police Officer Frank Beers, Police Officer Vu Nguyen, and Lieutenant William Diab of the 71st Precinct (Allegation A, B, and C: Abuse of Authority, [redacted] in front of 580 Albany Avenue in Brooklyn. [redacted] was asked out of his vehicle and PO Beers frisked and searched him while Lt. Diab supervised (Allegation D, E, F, and G: Abuse of Authority, [redacted] PO Beers then searched [redacted] vehicle (Allegation H: Abuse of Authority, [redacted] was arrested for weapons possession and taken to the 71st Precinct stationhouse by Lt. Diab and PO Nguyen. En route to the stationhouse, PO Nguyen looked at [redacted] and stated to Lt. Diab, "Hey, pull over. I don't trust this motherfucker behind me" (Allegation I: Discourtesy, [redacted] The vehicle was stopped and PO Nguyen sat next to [redacted] PO Nguyen placed his hand around the back of [redacted] neck and held it face down (Allegation J: Force, [redacted] PO Nguyen stated "Don't fucking try anything," and "You're a smart guy, so this is the time you should shut the fuck up" (Allegation I: Discourtesy, [redacted].
When they arrived at the stationhouse, [redacted] was placed in a holding cell. PO Nguyen brought [redacted] cellular phone to the waiting cell and told [redacted] to unlock the cellular phone; [redacted] unlocked the cellular and PO Nguyen walked away with the phone while engaging the screen. PO Nguyen proceeded to reset [redacted] phone, deleting all of its contents (Allegation K and Allegation L: Abuse of Authority, [redacted] returned to the waiting cell and [redacted] PO Nguyen told him that the weapons he was arrested for belonged to his brother. PO Nguyen asked [redacted] if he would like to switch places with his brother, and when [redacted] replied that he would, PO Nguyen stated, "That's fucked up" (Allegation M: Discourtesy, [redacted] was held at the stationhouse overnight and released the following morning. Read report for details.


Details

Incident: October 18, 2016
Received: August 4, 2017
Closed: February 1, 2018

Reason for contact: Moving violation
Location: Street/highway
In NYPD 71st Precinct Brooklyn
Outcome: Arrest - other violation/crime