Complaint #201801421,
January 29, 2018

Officer: Cummings, Andrew
Complainant: Black Male, 52
Allegation: Force: Gun fired
CCRB Conclusion: Exonerated
Officer: Lupo, Nicolas
Complainant: Black Male, 52
Allegation: Force: Gun fired
CCRB Conclusion: Exonerated
Officer: Cummings, Andrew
Complainant: Black Male, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Cummings, Andrew Black Male, 52 Force: Gun fired Exonerated
Lupo, Nicolas Black Male, 52 Force: Gun fired Exonerated
Cummings, Andrew Black Male, 52 Discourtesy: Word 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.

Further details on conclusions.


Summary

At approximately 7:30 p.m. on January 29, 2018, [redacted] was in a verbal dispute with his landlord, [redacted] in the shared kitchen-area of the apartment building where [redacted] lived at [redacted] in the Bronx. [redacted] attempted to stab [redacted] with a boxcutter. [redacted] and [redacted]'s friend, struggled with and then restrained [redacted]. [redacted] broke free, went upstairs, obtained a larger knife from his room, and chased [redacted] into the street through the intersection of East 181st Street and Prospect Avenue to [redacted]. Police Officers Andrew Cummings and Nicolas Mahuad of the 48th Precinct responded in a police vehicle and approached [redacted]. They exited their vehicle and Police Officer Cummings instructed [redacted] to "drop the fucking knife" (Allegations A: Discourtesy - Word: [redacted]). Police Officers Cummings and Mahuad repeatedly told him to drop the knife and [redacted] ignored them. He repeatedly stated, "Shoot me." [redacted] walked between two parked vehicles and toward Police Officer Cummings and Police Officer Mahuad with his knife raised. In response, Police Officer Cummings fired his gun at [redacted] four times and Police Officer Mahuad fired his gun at [redacted] two times (Allegations B and C: Force – Gun Fired: [redacted]) striking him four times in his chest and expired as a result of the gunshot wounds. Read report for details.


Details

Incident: January 29, 2018
Received: February 19, 2018
Closed: May 15, 2019

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 48th Precinct Bronx
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected