Complaint #201810753,
December 11, 2018

Officer: Gomez, Kelvin
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Marcelin, Melyssa
Complainant: Black Male, 32
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Kelvin
Complainant: Black Male, 32
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gomez, Kelvin Black Male, 32 Force: Physical force Exonerated
Marcelin, Melyssa Black Male, 32 Force: Restricted Breathing Unsubstantiated
Gomez, Kelvin Black Male, 32 Abuse of Authority: Refusal to provide name Unsubstantiated

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.
'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 December 11, 2018, at approximately 3:00 p.m. [redacted] entered the 155th Street and 8th Avenue subway train station in Manhattan. [redacted] hopped over the turnstiles. PO Kelvin Gomez of Transit District 11 followed him down to the platform. PO Gomez threw [redacted] under a set of stairs, shoved him against a wall and wrestled him to the ground (Allegation A: Force-[redacted]). PO Gomez asked for someone in the area to help him. A civilian assisted PO Gomez and put [redacted] in a chokehold. [redacted] passed out and when he came to, he was handcuffed and PO Melyssa Marcelin of Transit District 3 was allegedly sitting on his back restricting his breathing (Allegation B-Force, [redacted]). [redacted] was taken to the Transit District 11 stationhouse where he saw PO Gomez and requested his name and shield number. PO Gomez did not reply (Allegation C- Abuse of Authority, [redacted]). Read report for details.


Details

Incident: December 11, 2018
Received: December 24, 2018
Closed: March 26, 2020

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 28th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Travis Burks, John Davis
Body-Worn Camera evidence collected
Video evidence collected