Complaint #201710677,
May 27, 2015

Officer: Powers, Erek
Complainant: Black Male, 25
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Powers, Erek
Complainant: Black Male, 25
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Xylas, Mark
Complainant: Black Male, 25
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Powers, Erek
Complainant: Black Male, 25
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Powers, Erek
Complainant: Black Male, 25
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Powers, Erek
Complainant: Black Male, 25
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Galvin, Ryan
Complainant: Black Male, 25
Allegation: Force: Other
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Powers, Erek Black Male, 25 Force: Gun Pointed Exonerated
Powers, Erek Black Male, 25 Abuse of Authority: Strip-searched Unsubstantiated
Xylas, Mark Black Male, 25 Force: Gun Pointed Exonerated
Powers, Erek Black Male, 25 Abuse of Authority: Search (of person) Exonerated
Powers, Erek Black Male, 25 Abuse of Authority: Frisk Exonerated
Powers, Erek Black Male, 25 Abuse of Authority: Other Unsubstantiated
Galvin, Ryan Black Male, 25 Force: Other Exonerated

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

On May 27, 2015, at approximately 3:40 p.m., at 1605 Fulton Street in Brooklyn, [redacted] witnessed the shooting of his friend, [redacted] was with [redacted] when Sergeant Erek Powers, Police Officer Mark Xylas, and Police Officer Ryan Galvin of the 81st Precinct arrived on scene. Sergeant Powers and Police Officer Xylas pointed their guns at [redacted] (Allegations A and B: Force – Gun pointed, [redacted]) while Police Officer Galvin had his gun drawn, but not pointed (Allegation C – Gun drawn, [redacted]). Shortly thereafter, Detective Matthew LaMendola (Retired), Detective Michael Jimenez, Detective Robert Deck, Detective Steven Swantek (Retired), and Detective Donald LaManque (Retired) of the 81st Precinct Detective Squad also arrived. Under the authority of Sergeant Powers, after being handcuffed, [redacted] was allegedly frisked (Allegation D: Abuse of Authority – Frisk, [redacted]) and searched (Allegation E: Abuse of Authority – Search (of person), [redacted]). [redacted] was subsequently arrested and taken to the 81st Precinct stationhouse, where he was allegedly strip-searched (Allegation F: Abuse of Authority – Strip-searched, [redacted]). After being questioned, [redacted]'s arrest was voided and he was released (Allegation G: Abuse of Authority – detainment, [redacted]). Read report for details.


Details

Incident: May 27, 2015
Received: January 2, 2018
Closed: October 4, 2018

Reason for contact: CV already in custody
Location: Police building
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Robert Deck, Michael Jimenez