Complaint #201809797,
November 13, 2018

Officer: Fontana, Marc
Complainant: White Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Obrien, Edward
Complainant: White Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Obrien, Edward
Complainant: White Male, 43
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Obrien, Edward
Complainant: White Male, 43
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Fontana, Marc
Complainant: White Male, 21
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Fontana, Marc White Male, 43 Force: Physical force Exonerated
Obrien, Edward White Male, 43 Force: Physical force Substantiated (Command Discipline B)
Obrien, Edward White Male, 43 Discourtesy: Word Substantiated (Command Discipline B)
Obrien, Edward White Male, 43 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Fontana, Marc White Male, 21 Abuse of Authority: Refusal to provide shield number 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.

Further details on conclusions.


Penalties

Fontana, Marc
Command Discipline - A

Obrien, Edward
Command Discipline - B

Summary

On November 13, 2018, at approximately 8:30 p.m., Police Officer Edward O'Brien and Police Officer Marc Fontana, of the 70th Precinct, responded to the intersection of 18th Avenue and McDonald Avenue in Brooklyn (which is on the border of the 70th and 66th Precincts), after [redacted] crashed his vehicle. PO O'Brien spoke discourteously to [redacted] (Allegation A: Discourtesy, [redacted] PO O'Brien threatened [redacted] with the use of force (Allegation B: Abuse of Authority, [redacted] PO O'Brien and PO Fontana used physical force against [redacted] (Allegations C and D: Force, [redacted] [redacted] was transported to [redacted] Medical Center. No arrest or summons resulted from this incident. [redacted] saw PO Fontana and PO O'Brien after the incident, and PO Fontana allegedly refused to provide his shield number to [redacted] (Allegation E: Abuse of Authority, [redacted] Read report for details.


Details

Incident: November 13, 2018
Received: November 26, 2018
Closed: June 19, 2019

Reason for contact: Traffic accident
Location: Street/highway
In NYPD 66th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Olga Berkovich, Lisbeth Delahoz, Jennifer Desanto, Brianna Edgeworth, Santiago Machuca, Nyasha Romeo
Video evidence collected