| Officer: | Smith, Thomas |
|---|---|
| Complainant: | White Male, 41 |
| Allegation: | Abuse of Authority: Threat of summons |
| CCRB Conclusion: | Exonerated |
| Officer: | Smith, Thomas |
| Complainant: | White Male, 41 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Smith, Thomas |
| Complainant: | White Male, 41 |
| Allegation: | Abuse of Authority: Photography/Videography |
| CCRB Conclusion: | Exonerated |
| Officer: | Smith, Thomas |
| Complainant: | White Male, 57 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Smith, Thomas |
| Complainant: | White Male, 57 |
| Allegation: | Abuse of Authority: Threat to damage/seize property |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Smith, Thomas | White Male, 41 | Abuse of Authority: Threat of summons | Exonerated |
| Smith, Thomas | White Male, 41 | Discourtesy: Word | Unsubstantiated |
| Smith, Thomas | White Male, 41 | Abuse of Authority: Photography/Videography | Exonerated |
| Smith, Thomas | White Male, 57 | Discourtesy: Word | Unsubstantiated |
| Smith, Thomas | White Male, 57 | Abuse of Authority: Threat to damage/seize property | Exonerated |
Further details on conclusions.
On December 29, 2018, at approximately 2:30 p.m., [redacted] and [redacted] were street vending on the north side of West 49th Street between Rockefeller Plaza and 5th Avenue in Manhattan. [redacted] and [redacted] are art vendors and their tables were set up approximately 20 to 30 feet apart. Captain Thomas Smith, of the Midtown North Precinct, allegedly told [redacted] to "pack his shit up" (Allegation A: Discourtesy – Discourteous language, [redacted]). Captain Smith then walked over to [redacted] and allegedly told him that if he did not close his stand, his property would be seized (Allegation B: Abuse of Authority – Threat to seize property, [redacted]). Several minutes later, [redacted] was finishing a transaction while closing his table and Captain Smith allegedly threatened to issue [redacted] multiple summonses (Allegation C: Abuse of Authority – Threat of summons, [redacted]). At approximately 3:20 p.m., [redacted] was still at the location waiting for a hand truck to move his belongings. [redacted]'s belongings were packed, but he had not left either. Captain Smith instructed PO Christian Desandis and PO Eduardo Molina, of the 13th Precinct, to issue [redacted] and [redacted] summonses. As Captain Smith was walking away from [redacted] Captain Smith allegedly said, "shit" (Allegation D: Discourtesy – Discourteous language, [redacted]). Captain Smith took six photos of [redacted] on his Department issued smartphone during the incident (Allegation E: Abuse of Authority – Photography, [redacted]), and [redacted] left after receiving their summonses. [redacted] and [redacted] were both issued summonses for failure to move under exigent circumstances (BR 01 and BR 02). Read report for details.