Complaint #201801266,
September 17, 2017

Officer: Mceniry, Anthony
Complainant: Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Marceda, John
Complainant: Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Bazarewski, Kaitlyn
Complainant: Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nicoll, Kevin
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer: Hannan, William
Complainant: Male, 31
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Hannan, William
Complainant: Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Hannan, William
Complainant: Male, 31
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Hannan, William
Complainant: Male, 31
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Hannan, William
Complainant: Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Hannan, William
Complainant: Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mceniry, Anthony Male, 31 Force: Physical force Unsubstantiated
Marceda, John Male, 31 Force: Physical force Exonerated
Bazarewski, Kaitlyn Male, 31 Force: Physical force Unsubstantiated
Nicoll, Kevin Abuse of Authority: Gun Drawn Exonerated
Hannan, William Male, 31 Abuse of Authority: Property damaged Unsubstantiated
Hannan, William Male, 31 Discourtesy: Word Unsubstantiated
Hannan, William Male, 31 Force: Restricted Breathing Unsubstantiated
Hannan, William Male, 31 Force: Hit against inanimate object Unsubstantiated
Hannan, William Male, 31 Force: Physical force Exonerated
Hannan, William Male, 31 Force: Physical force 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

On September 17, 2017, at approximately 2:37 a.m., [redacted] was with his friends, [redacted] in the vicinity of 88-29 163rd Street in Queens when PO Kevin Nicoll of the 103rd Precinct exited his vehicle and approached [redacted] with his gun drawn (Allegation A: Abuse of Authority, [redacted] fled. Sgt. Kosta, along with PO William Hannan, PO [redacted] Mceniry, PO James Barrett, PO Daniel Velazquez, PO John Marceda, and PO Kaitlyn Bazarewski, all of the 103rd Precinct, responded to the location. PO Hannan pursued [redacted] and tackled him to the ground (Allegation B: Force, [redacted] approximated that he was handcuffed on the sidewalk seconds after the takedown. PO Marceda kicked [redacted] in his legs (Allegation C: Force, [redacted]). PO Hannan allegedly pushed [redacted] his right cheek against the sidewalk (Allegation D: Force, [redacted] allegedly punched [redacted] in the face (Allegation E: Force, [redacted]), kneed him in the back (Allegation E continued), repeatedly slammed his upper body against the ground (Allegation D continued), and knelt on top of [redacted] restricting his breathing (Allegation F: Force, [redacted] complained that he could not breath and PO Hannan allegedly ordered him to "shut the fuck up" (Allegation G: Discourtesy, [redacted]), PO Bazarewski and PO Mceniry allegedly punched [redacted] in the face (Allegations H – I: Force, [redacted] was escorted to a patrol car, at which point he realized his glasses were missing. PO Hannan allegedly told [redacted] that he broke his glasses (Allegation J: Abuse of Authority, [redacted] was arrested for [redacted] (Board Review 01). [redacted]
The CCRB obtained video footage of the incident from surveillance cameras outside of 88-29 163rd Street in Queens. The original footage is located in IAs #21-24 (Board Review 03, Board Review 04, Board Review 05, Board Review 06) and summarized in IAs #224-227 (Board Review 07, Board Review 08, Board Review 09, Board Review 10).
This case was on DA Hold from May 23, 2018 through February 15, 2019. Read report for details.


Details

Incident: September 17, 2017
Received: February 15, 2018
Closed: October 7, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 103rd Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: James Barrett, Mark Kosta, Daniel Velazquez
Video evidence collected