Complaint #201709509,
November 16, 2017

Officer: Mitchell, Neal
Complainant: Black Male, 35
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Mitchell, Neal
Complainant: Black Male, 35
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mitchell, Neal Black Male, 35 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Mitchell, Neal Black Male, 35 Discourtesy: Action Unsubstantiated

Conclusion Meanings:

'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 November 16, 2017, at approximately 3:50 a.m., [redacted] was driving when he was stopped at the intersection of Farmers Boulevard and 144th Avenue, in Queens. PO Neal Mitchell and PO Logan Phillips, from the 113th Precinct, approached [redacted]'s vehicle. After issuing [redacted] a summons for speeding, PO Mitchell allegedly threw [redacted]'s documents at him (Allegation A: Discourtesy: [redacted]). During their interaction, PO Mitchell allegedly told [redacted], "Do whatever you want, just don't get in my way or I will run you over" (Allegation B: Threat of Force: [redacted]). Following the incident, [redacted] went to the 113th Precinct to file a complaint against PO Mitchell, but officers refused to take his complaint.
[redacted] stated that when PO Mitchell approached his vehicle, [redacted] told him, "I just wanted to make you aware [redacted] is a sergeant." [redacted] handed PO Mitchell a Sergeants Benevolent Association (SBA) card given to him by [redacted]. After looking at the SBA card, PO Mitchell threw the card at [redacted] and it landed on the front passenger's seat. After PO Mitchell wrote [redacted]'s the summons, PO Mitchell threw [redacted]'s license, registration and summons which hit [redacted] in the chest. [redacted] denied that he refused to take the summons or documents from PO Mitchell. When [redacted] told PO Mitchell that he would like to exit his vehicle to photograph PO Mitchell's police vehicle, PO Mitchell replied, "You can do whatever you want. Just don't stand in my way because I will run you over." As [redacted] exited his vehicle, PO Mitchell returned to his vehicle and drove away before [redacted] could take a photograph (Board Review 1).
PO Mitchell stated that during his conversation with [redacted] he did not raise his voice while speaking, but [redacted] was confrontational because he refused to acknowledge that he was speeding. While PO Mitchell returned to his police vehicle with [redacted]'s documentation to write the summons, he noticed that [redacted] waved... Read report for details.


Details

Incident: November 16, 2017
Closed: April 24, 2018

Reason for contact: Moving violation
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: Moving violation summons issued

Witness Officers: Logan Phillips