Complaint #201903126,
November 7, 2018

Officer: Unknown Officer
Complainant: Male, 55-59
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 55-59
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer: Keller, Shane
Complainant: Male, 55
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Keller, Shane
Complainant: Male, 55
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Damico, David
Complainant: Male, 55
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Damico, David
Complainant: Male, 55
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Russ, William
Complainant: Male, 55
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Male, 55-59 Abuse of Authority: Refusal to process civilian complaint Officer(s) Unidentified
Unknown Officer Male, 55-59 Abuse of Authority: Vehicle search Officer(s) Unidentified
Keller, Shane Male, 55 Force: Physical force Exonerated
Keller, Shane Male, 55 Discourtesy: Word Exonerated
Damico, David Male, 55 Discourtesy: Word Exonerated
Damico, David Male, 55 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline A)
Russ, William Male, 55 Force: Physical force 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Damico, David
No Disciplinary Action-DUP
No penalty

Summary

On November 7, 2018, at approximately 2:50 a.m., at the intersection of Bergen Street and Saratoga Avenue in Brooklyn, PO David Damico and PO Shane Keller, both of the 73rd Precinct, pulled over [redacted] and issued him a summons for failing to come to a stop at a stop sign. [redacted] immediately drove to the 73rd Precinct stationhouse to file a complaint about the summons. When [redacted] arrived at the stationhouse, he asked an officer for a complaint form. This officer allegedly told [redacted] that there were no complaint forms at the stationhouse and that [redacted] needed to leave, but [redacted] refused (Allegation A: Abuse of Authority --- Refusal to Process Civilian Complaint, [redacted]). PO Damico placed [redacted] under arrest and led him into the stationhouse. [redacted] spat at the ground because he was upset. After [redacted] spat, PO Keller said, "Are you fucking serious right now?" (Allegation B: Discourtesy – Word, [redacted]). PO Keller and PO William Russ, also of the 73rd Precinct, restrained [redacted] and pushed [redacted] into a cell (Allegations C and D: Force – Physical Force, [redacted]). While [redacted] was inside the cell, PO Damico said, "Get the fucking Taser" to [redacted] (Allegation E: Discourtesy – Word, [redacted]; Allegation F: Abuse of Authority Threat of Force, [redacted]). After [redacted] was released from Brooklyn Central Booking, he saw that his car had been moved and that items in his trunk and glove compartment were displaced (Allegation G: Abuse of Authority – Vehicle Search, [redacted]). [redacted] was arrested as a result of this incident and charged with [redacted] (BR 01). Read report for details.


Details

Incident: November 7, 2018
Received: April 11, 2019
Closed: October 25, 2019

Reason for contact: C/V requested investigation of crime
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Joseph Finamore
Body-Worn Camera evidence collected