Complaint #201806962,
August 18, 2018

Officer: Pacheco, Luis
Complainant: White Male, 50
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Figueroa, Edgar
Complainant: White Male, 50
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Schack, Douglas
Complainant: White Male, 50
Allegation: Offensive Language: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Figueroa, Edgar
Complainant: White Male, 50
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Schack, Douglas
Complainant: White Male, 50
Allegation: Offensive Language: Ethnicity
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Pacheco, Luis White Male, 50 Abuse of Authority: Threat of arrest Exonerated
Figueroa, Edgar White Male, 50 Force: Physical force Exonerated
Schack, Douglas White Male, 50 Offensive Language: Other Substantiated (Command Discipline B)
Figueroa, Edgar White Male, 50 Abuse of Authority: Threat of arrest Unfounded
Schack, Douglas White Male, 50 Offensive Language: Ethnicity Substantiated (Command Discipline B)

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.
'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.

Further details on conclusions.


Penalty

Schack, Douglas
Command Discipline - B

Summary

On August 18, 2018, at approximately 10:38 a.m., [redacted] visited the Midtown South Precinct stationhouse, located at 357 West 35th Street in Manhattan. [redacted] requested to retrieve confiscated property. PO Luis Pacheco of the Midtown South Precinct, who was at the desk, assisted. However, [redacted] refused to take his property due to physical damage. When [redacted] requested to speak to an inspector, PO Pacheco threatened to arrest him for trespassing if he did not leave the stationhouse (Allegation A: Abuse of Authority, exonerated). Sgt. Jeffrey Murphy and Sgt. Douglas Schack of the Times Square Unit of Patrol Borough Manhattan South arrived at the front desk area and began speaking with [redacted]. After a back-and-forth about the rules pertaining to [redacted]'s vending in Times Square, Sgt. Schack asked [redacted] if he was retarded (Allegation B: Offensive Language, substantiated) and told him to learn how to read English (Allegation C: Offensive Language, substantiated). Sgt. Edgar Figueroa of the Midtown South Precinct eventually told [redacted] that he had to leave. Sgt. Figueroa pushed [redacted] out of the stationhouse doors (Allegation D: Force, exonerated) before threatening to arrest [redacted] if he returned (Allegation E: Abuse of Authority, unfounded). Read report for details.


Details

Incident: August 18, 2018
Received: August 23, 2018
Closed: February 5, 2019

Reason for contact: C/V at PCT to retrieve property
Location: Police building
In NYPD Midtown South Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Jeffrey Murphy
Video evidence collected