Complaint #201804621,
June 3, 2018

Officer: Delaney, Robert
Complainant: American Indian Male, 41
Allegation: Force: Nonlethal restraining device
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Delaney, Robert
Complainant: American Indian Male, 41
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Cancel, Jonathan
Complainant: American Indian Male, 41
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Board Conclusion
Delaney, Robert American Indian Male, 41 Force: Nonlethal restraining device Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Delaney, Robert American Indian Male, 41 Abuse of Authority: Search (of person) Substantiated (Command Lvl Instructions)
Cancel, Jonathan American Indian Male, 41 Abuse of Authority: Search (of person) Substantiated (Command Lvl Instructions)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalties

Delaney, Robert
No Disciplinary Action-DUP
No penalty

Cancel, Jonathan
No Disciplinary Action-DUP
No penalty

Summary

On June 3, 2018, at approximately 2:50 a.m., [redacted] was in a fast food restaurant, Kennedy Fried Chicken, located at 2788 Fulton Street, in Brooklyn. He was intoxicated at the time. Several employees of the store called 911 and reported that he was harassing customers. PO Robert Delaney and PO Jonathan Cancel, of the 75th Precinct, responded to the incident, and went to approach [redacted] PO Delaney placed a hand on [redacted]s shoulder and asked him to stand up. [redacted] stood up, swung his arm at PO Delaney, knocking off his body worn camera, and then raised his fist to punch him. PO Delaney drew his taser, shot the darts into [redacted]s chest and discharged it. [redacted] fell to the ground, and PO Delaney discharged the taser two more times (Allegation A – Force: [redacted] The officers called an ambulance for [redacted] and then PO Delaney and PO Cancel searched [redacted] for weapons (Allegations B and C – Abuse of Authority: [redacted] An ambulance arrived, and [redacted] was taken to the hospital, where the officers left him. Read report for details.


Details

Incident: June 3, 2018
Received: June 11, 2018
Closed: May 21, 2019

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected