Complaint #201900110,
January 3, 2019

Officer: Russ, William
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Russ, William
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Russ, William
Complainant: Black Male, 42
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Russ, William
Complainant: Black Male, 42
Allegation: Abuse of Authority: Retaliatory summons
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Martinez, Louis
Complainant: Black Male, 42
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Martinez, Louis
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Louis
Complainant: Black Male, 42
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Mccarthy, Arthur
Complainant: Black Male, 42
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Russ, William
Complainant: Black Male, 42
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Louis
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Russ, William
Complainant: Black Male, 42
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Russ, William
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Russ, William Black Male, 42 Abuse of Authority: Vehicle stop Unsubstantiated
Russ, William Black Male, 42 Abuse of Authority: Vehicle search Unsubstantiated
Russ, William Black Male, 42 Abuse of Authority: Forcible Removal to Hospital Exonerated
Russ, William Black Male, 42 Abuse of Authority: Retaliatory summons Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Martinez, Louis Black Male, 42 Abuse of Authority: Forcible Removal to Hospital Exonerated
Martinez, Louis Black Male, 42 Abuse of Authority: Vehicle stop Unsubstantiated
Martinez, Louis Black Male, 42 Abuse of Authority: Threat of arrest Unsubstantiated
Mccarthy, Arthur Black Male, 42 Offensive Language: Other Unsubstantiated
Russ, William Black Male, 42 Abuse of Authority: Retaliatory summons Unsubstantiated
Martinez, Louis Black Male, 42 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer Black Male, 40-44 Force: Physical force Unfounded
Russ, William Black Male, 42 Abuse of Authority: Seizure of property Exonerated
Russ, William Black Male, 42 Abuse of Authority: Frisk Exonerated

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 January 3, 2019, at approximately 5:00 a.m., at the intersection of [redacted] and [redacted] in Brooklyn, Sergeant Louis Martinez and Police Officer William Russ of the 73rd Precinct stopped [redacted] in his car (Allegation A: Abuse of Authority, Allegation B: Abuse of Authority, [redacted]). The officers asked for [redacted]'s license and registration multiple times. Sgt. Martinez told [redacted] that he would be arrested if he did not provide his information (Allegation C: Abuse of Authority, [redacted]). When [redacted] was outside of his car, PO Russ grabbed [redacted] by his upper arms and allegely pushed him into his car (Allegation D: Force, [redacted]). PO Russ frisked [redacted] (Allegation E: Abuse of Authority, [redacted]). Sgt. Martinez and PO Russ allegedly searched [redacted]'s car (Allegation F: Abuse of Authority, [redacted] Allegation G: Abuse of Authority, [redacted]). PO Russ transported [redacted]'s vehicle to the 73rd Precinct stationhouse (Allegation H: Abuse of Authority, [redacted]). [redacted] was transported to the 73rd Precinct stationhouse, where PO Russ issued him two summonses for disorderly conduct (Allegation I: Abuse of Authority, [redacted] Allegation J: Abuse of Authority, [redacted]). Sergeant Arthur McCarthy of the 73rd Precinct allegedly told [redacted] "You're crazy" (Allegation K: Offensive Language, [redacted]). [redacted] refused to leave the 73rd Precinct stationhouse's holding cells and was removed to [redacted] Hospital (Allegation L: Abuse of Authority, [redacted] Allegation M: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: January 3, 2019
Received: January 4, 2019
Closed: March 30, 2020

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: Summons - disorderly conduct

Witness Officers: David Damico, Shane Keller, Ryan Smith
Body-Worn Camera evidence collected
Video evidence collected