Complaint #201807156,
August 29, 2018

Officer: Unknown Officer
Complainant: Hispanic Female, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Howell, Daniel
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Burns, Frank
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer: Pengel, Richard
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer: Pengel, Richard
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Greco, Brian
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Burns, Frank
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Burns, Frank
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Burns, Frank
Complainant: Hispanic Female, 46
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Burns, Frank
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Burns, Frank
Complainant: Hispanic Male, 26
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Pengel, Richard
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Female, 45-49 Discourtesy: Word Officer(s) Unidentified
Howell, Daniel Abuse of Authority: Entry of Premises Unsubstantiated
Burns, Frank Abuse of Authority: Search of Premises Unsubstantiated
Pengel, Richard Abuse of Authority: Search of Premises Unsubstantiated
Pengel, Richard Abuse of Authority: Entry of Premises Unsubstantiated
Greco, Brian Abuse of Authority: Entry of Premises Unsubstantiated
Burns, Frank Abuse of Authority: Entry of Premises Unsubstantiated
Burns, Frank Hispanic Male, 22 Abuse of Authority: Interference with recording Substantiated (Command Discipline A)
Burns, Frank Hispanic Female, 46 Abuse of Authority: Threat of arrest Unsubstantiated
Burns, Frank Hispanic Male, 22 Abuse of Authority: Threat of arrest Unsubstantiated
Burns, Frank Hispanic Male, 26 Abuse of Authority: Threat of arrest Unsubstantiated
Pengel, Richard Hispanic Male, 24 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalty

Burns, Frank
Command Discipline - A

Summary

On August 29, 2018, at approximately 8:00am, Sgt. Frank Burns, Det. Richard Pengel, Det. Daniel Howell, and Det. Brian Greco, all of the Detective Bureau of Manhattan North, entered [redacted] in Manhattan, which is [redacted]'s residence (Allegations A, B, C, and D; Abuse of Authority, [redacted]). While inside the apartment, Sgt. Burns and Det. Pengel searched [redacted]'s bedroom (Allegations E and F; Abuse of Authority, [redacted]). During and after the search of the apartment, Sgt. Burns allegedly threatened to arrest [redacted] and [redacted] by saying, "We know there's a gun in the house. We're going to keep searching. You might as well tell us or we're going to arrest all of you", "We found weed and we found the bullets. If we find anything else, everybody's going to jail", and "Everyone in this house will go to jail if I find anything in this apartment" (Allegations G, H, and I; Abuse of Authority, [redacted]). After finding marijuana in the apartment, Det. Pengel allegedly told [redacted] that he had 'bullshit weed because he didn't smell it when they entered the apartment (Allegation J; Discourtesy, [redacted]). At some point, [redacted] heard an officer tell [redacted] to 'back the fuck off' (Allegation K; Discourtesy, [redacted]). Sgt. Franks then approached [redacted] who was recording on his cell phone and stated, "Talk to your mom about what I talked to you. Tell her to pause that, and she can keep filming in a second. Is it off? Let me see," and then allegedly grabbed the cell phone and turned the recording off (Allegation L; Abuse of Authority, [redacted]). Read report for details.


Details

Incident: August 29, 2018
Closed: May 14, 2019

Reason for contact: Execution of arrest/bench warrant
Location: NYCHA
In NYPD 20th Precinct Manhattan
Outcome: Arrest - other violation/crime

Video evidence collected