Complaint #201808533,
August 14, 2018

Officer: Habermehl, James
Complainant: Black Male, 49
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Caraballo, Abraham
Complainant: Black Male, 49
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Burgos, Dennis
Complainant: Black Male, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Burgos, Dennis
Complainant: Black Male, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Burgos, Dennis
Complainant: Black Male, 49
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Burgos, Dennis
Complainant: Black Male, 49
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Herbert, Hugh
Complainant: Black Male, 49
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Burgos, Dennis
Complainant: Black Male, 49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Habermehl, James Black Male, 49 Abuse of Authority: Stop Exonerated
Caraballo, Abraham Black Male, 49 Abuse of Authority: Stop Exonerated
Burgos, Dennis Black Male, 49 Discourtesy: Word Unfounded
Burgos, Dennis Black Male, 49 Discourtesy: Word Unsubstantiated
Burgos, Dennis Black Male, 49 Force: Physical force Unfounded
Burgos, Dennis Black Male, 49 Force: Physical force Unfounded
Herbert, Hugh Black Male, 49 Force: Physical force Unfounded
Burgos, Dennis Black Male, 49 Abuse of Authority: Threat of force (verbal or physical) Unfounded

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 August 14, 2018, at approximately 11:44 p.m., [redacted] was walking near Hubert Street and Collister Street in Manhattan. [redacted] was stopped by Sgt. Abraham Caraballo and PO James Habermehl of the 1st Precinct (Allegations A-B: Abuse of Authority, [redacted] PO Dennis Burgos and PO Hugh Herbert, also of the 1st Precinct, allegedly squeezed [redacted]'s testicles (Allegations C-D: Force, [redacted] PO Herbert allegedly threatened [redacted] with the use of force (Allegation E: Abuse of Authority, [redacted]. [redacted] was transported to the 1st Precinct stationhouse to be processed for a summons. At the 1st Precinct stationhouse, PO Burgos allegedly yanked [redacted]'s arms upwards behind his back while he was rear handcuffed (Allegation F: Force, [redacted] PO Burgos allegedly spoke discourteously to [redacted] (Allegation G: Discourtesy, [redacted] PO Burgos allegedly hit [redacted] in the groin repeatedly (subsumed under Allegation F). [redacted] went to [redacted] after he was released from police custody and encountered PO Herbert and PO Burgos. PO Burgos allegedly told [redacted] "You better get the fuck out of here" (Allegation H: Discourtesy, [redacted].
[redacted] received a summons for littering. [redacted]
A referral was made to IAB and to the Manhattan District Attorney's Office [redacted]. Read report for details.


Details

Incident: August 14, 2018
Received: October 15, 2018
Closed: September 17, 2019

Reason for contact: Report of other crime
Location: Street/highway
In NYPD 1st Precinct Manhattan
Outcome: Summons - other violation/crime

Body-Worn Camera evidence collected