Complaint #201902748,
March 27, 2019

Officer: Ahearne, Edward
Complainant: Black Male, 36
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Command Discipline B)
Officer: Ahearne, Edward
Complainant: Black Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Ahearne, Edward
Complainant: Black Male, 36
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unfounded
Officer: Ahearne, Edward
Complainant: Black Male, 36
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Bonner, Joseph
Complainant: Black Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Bonner, Joseph
Complainant: Black Male, 36
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Ahearne, Edward
Complainant: Black Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Ahearne, Edward
Complainant: Black Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Ahearne, Edward
Complainant: Black Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Kelleher, Matthew
Complainant: Black Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Board Conclusion
Ahearne, Edward Black Male, 36 Force: Physical force Substantiated (Command Discipline B)
CCRB Investigator Recommendation: Exonerated
Ahearne, Edward Black Male, 36 Force: Physical force Unfounded
Ahearne, Edward Black Male, 36 Abuse of Authority: Property damaged Unfounded
Ahearne, Edward Black Male, 36 Abuse of Authority: Forcible Removal to Hospital Exonerated
Bonner, Joseph Black Male, 36 Force: Physical force Unfounded
Bonner, Joseph Black Male, 36 Force: Nightstick as club (incl asp & baton) Unfounded
Ahearne, Edward Black Male, 36 Discourtesy: Word Substantiated (Command Discipline B)
Ahearne, Edward Black Male, 36 Abuse of Authority: Frisk Exonerated
Ahearne, Edward Black Male, 36 Abuse of Authority: Search (of person) Exonerated
Kelleher, Matthew Black Male, 36 Abuse of Authority: Search (of person) Substantiated (Command Lvl Instructions)

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Ahearne, Edward
Command Discipline - B

Kelleher, Matthew
Instructions

Summary

At approximately 12:45 a.m. on March 27, 2019, [redacted] was at [redacted] in Manhattan, when a store employee called the police because he wanted [redacted] to leave the establishment. Police Officer Edward Ahearne, Police Officer Matthew Kelleher, Police Officer Mariama Diallo, and Detective Joseph Bonner, all of Midtown South, responded to the store and told [redacted] to leave. After initially refusing, [redacted] exited, but remained directly in front of the entrance. PO Ahearne followed him outside and told him to leave. [redacted] took his phone out and started taking a video and PO Ahearne allegedly hit him in the face twice (Allegation A: Force: Physical Force: [redacted]). PO Ahearne grabbed [redacted]'s upper body and pushed him approximately ten feet, causing them both to fall to the ground (Allegation B: Force: Physical Force: [redacted]). Once PO Ahearne and [redacted] were on the ground, PO Ahearne said, "Take a fucking hike," to [redacted] (Allegation C: Discourtesy: Word: [redacted]).
While [redacted] was on the ground, he was placed in handcuffs. Detective Bonner then allegedly stood on his legs and feet (Allegation D: Force: Physical Force: [redacted]). Det. Bonner then turned [redacted] on his back and allegedly hit him in the chest with his nightstick (Allegation E: Force: Nightstick as club: [redacted]). At some point, while [redacted] was on the ground, his phone was lying next to him. PO Ahearne allegedly stepped on the phone, causing the screen to crack (Allegation F: Abuse of Authority: Property Damaged: [redacted]). PO Ahearne called an ambulance to the location and [redacted] was taken to [redacted] where he underwent a psychological evaluation (Allegation G: Abuse of Authority: Forcible removal to Hospital: [redacted]). Before the ambulance arrived, PO Kelleher looked in [redacted]'s wallet to find ID (Allegation H: Abuse of Authority: Search: [redacted]). PO Ahearne frisked [redacted]'s pockets and then pushed an object out of the pocket (Allegation I: Abuse of Authority: Frisk:... Read report for details.


Details

Incident: March 27, 2019
Received: March 29, 2019
Closed: June 24, 2020

Reason for contact: Report-dispute
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Ryan Baker, Philip Depasquale, Mariama Diallo
Body-Worn Camera evidence collected
Video evidence collected