Complaint #201710160,
December 1, 2017

Officer: Diab, William
Complainant: Black Male, 41
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Trunk, Triston
Complainant: Black Male, 41
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Cunningham, Martin
Complainant: Black Male, 41
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Beers, Frank
Complainant: Black Male, 41
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Diab, William
Complainant: Male
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Victim Unidentified
Officer: Diab, William
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Victim Unidentified
Officer: Diab, William
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Victim Unidentified
Officer: Diab, William
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Victim Unidentified
Officer: Diab, William
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Victim Unidentified
Officer: Cunningham, Martin
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Victim Unidentified
Officer: Cunningham, Martin
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Victim Unidentified
Officer: Cunningham, Martin
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Victim Unidentified
Officer: Adair, Kevin
Complainant: Black Male, 41
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Adair, Kevin
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Trunk, Triston
Complainant: Black Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Trunk, Triston
Complainant: Black Male, 41
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Diab, William
Complainant: Black Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Diab, William
Complainant: Black Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Cunningham, Martin
Complainant: Black Male, 41
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Cunningham, Martin
Complainant: Black Male, 41
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Trunk, Triston
Complainant: Black Male, 41
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Trunk, Triston
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Diab, William
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cunningham, Martin
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Diab, William Black Male, 41 Abuse of Authority: Vehicle stop Unsubstantiated
Trunk, Triston Black Male, 41 Abuse of Authority: Vehicle stop Unsubstantiated
Cunningham, Martin Black Male, 41 Abuse of Authority: Vehicle stop Unsubstantiated
Beers, Frank Black Male, 41 Abuse of Authority: Vehicle stop Unsubstantiated
Diab, William Male Abuse of Authority: Threat of arrest Victim Unidentified
Diab, William Male Discourtesy: Word Victim Unidentified
Diab, William Male Abuse of Authority: Frisk Victim Unidentified
Diab, William Male Abuse of Authority: Search (of person) Victim Unidentified
Diab, William Male Abuse of Authority: Stop Victim Unidentified
Cunningham, Martin Male Abuse of Authority: Stop Victim Unidentified
Cunningham, Martin Male Abuse of Authority: Frisk Victim Unidentified
Cunningham, Martin Male Abuse of Authority: Search (of person) Victim Unidentified
Adair, Kevin Black Male, 41 Abuse of Authority: Strip-searched Unsubstantiated
Adair, Kevin Black Male, 41 Force: Physical force Unsubstantiated
Trunk, Triston Black Male, 41 Discourtesy: Word Unsubstantiated
Trunk, Triston Black Male, 41 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
Diab, William Black Male, 41 Discourtesy: Word Unsubstantiated
Diab, William Black Male, 41 Discourtesy: Word Unfounded
Cunningham, Martin Black Male, 41 Abuse of Authority: Strip-searched Unsubstantiated
Cunningham, Martin Black Male, 41 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Trunk, Triston Black Male, 41 Abuse of Authority: Strip-searched Unsubstantiated
Trunk, Triston Black Male, 41 Force: Physical force Unsubstantiated
Diab, William Black Male, 41 Force: Physical force Unsubstantiated
Cunningham, Martin Black Male, 41 Force: Physical force Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalty

Trunk, Triston
Formalized Training

Summary

On December 1, 2017, at approximately 11:30 p.m., [redacted] was driving in a rental vehicle when he observed an unidentified male on the corner of Nostrand Avenue and Montgomery Street in Brooklyn, and subsequently stopped on the corner to speak with him. An unmarked vehicle then pulled up behind [redacted] s vehicle, and four officers from the 71st Precinct – PO Tristan Trunk, Sgt. Martin Cunningham, PO Frank Beers, and Lt. William Diab exited the vehicle and approached [redacted] Is vehicle. (Allegations A – D: Abuse of Authority, unsubstantiated). Sgt. Cunningham and Lt. Diab then allegedly approached the unidentified male, patted him down, and searched him (Allegations E – J: Abuse of Authority, victim unidentified). The unidentified male asked the officers what was happening, to which Lt. Diab allegedly responded, "You just get the fuck out of here," and, "Either leave now or we'll arrest you" (Allegation K: Discourtesy, victim unidentified; Allegation L: Abuse of Authority, victim unidentified). PO Trunk then approached the driver's side of [redacted] Is vehicle and allegedly told him to "shut the fuck up" after [redacted] asked him a question. PO Trunk also allegedly told [redacted] to "get the fuck out of the car" (Allegation M: Discourtesy, unsubstantiated).
[redacted] exited and walked towards the back of his vehicle, after which PO Trunk entered and began searching [redacted] Is vehicle (Allegation N: Abuse of Authority, substantiated). [redacted] asked repeatedly why his vehicle was being searched, to which Lt. Diab allegedly responded with multiple discourteous statements (Allegation O: Discourtesy, unsubstantiated). [redacted] was then placed under arrest and transported to the 71st Precinct stationhouse.
At the 71st Precinct stationhouse, inside a cell, [redacted] was commanded to stand up so he could remove his shoes, but [redacted] refused and Sgt. Cunningham, in response, allegedly threatened to use a Taser against him (Allegation P: Abuse of Authority, unsubstantiated). Afterward, PO Trunk... Read report for details.


Details

Incident: December 1, 2017
Received: December 7, 2017
Closed: January 28, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Police vehicle
In NYPD 71st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected