Complaint #201903267,
April 8, 2019

Officer: Gobelek, Serbay
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Alexandru, Florin
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Steel, Anthony
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Sichel, Matthew
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Senese, Justin
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Wagenhauser, Keith
Complainant: White Male, 29
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Wagenhauser, Keith
Complainant: White Male, 29
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Unfounded
Officer: Gobelek, Serbay
Complainant: White Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Senese, Justin
Complainant: White Male, 29
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Deras, Mario
Complainant: White Male, 29
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Wagenhauser, Keith
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Wagenhauser, Keith
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Senese, Justin
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gobelek, Serbay
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Sichel, Matthew
Complainant: White Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Gobelek, Serbay White Male, 29 Force: Physical force Exonerated
Alexandru, Florin White Male, 29 Force: Physical force Exonerated
Steel, Anthony White Male, 29 Force: Physical force Exonerated
Sichel, Matthew White Male, 29 Force: Physical force Exonerated
Senese, Justin White Male, 29 Force: Physical force Exonerated
Wagenhauser, Keith White Male, 29 Force: Nonlethal restraining device Exonerated
Wagenhauser, Keith White Male, 29 Force: Nonlethal restraining device Unfounded
Gobelek, Serbay White Male, 29 Discourtesy: Word Exonerated
Senese, Justin White Male, 29 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Deras, Mario White Male, 29 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Wagenhauser, Keith Discourtesy: Word Substantiated (Command Lvl Instructions)
Wagenhauser, Keith Abuse of Authority: Refusal to provide shield number Substantiated (Command Lvl Instructions)
Senese, Justin White Male, 29 Force: Physical force Unsubstantiated
Gobelek, Serbay White Male, 29 Force: Physical force Unfounded
Sichel, Matthew White Male, 29 Force: Physical force Unfounded

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.
'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.


Penalty

Wagenhauser, Keith
Instructions

Summary

On April 8, 2019, at approximately 7:38 a.m., PO Justin Senese and PO Keith Wagenhauser of the 25th Precinct observed [redacted] stab an unidentified male in the vicinity of the northeast corner of Lexington Avenue and 125th Street in Manhattan. The officers approached [redacted] to arrest him. [redacted] fled across East 125th Street. PO Wagenhauser discharged his conducted energy weapon (CEW or "Taser") at [redacted] (Allegation A: Force, [redacted] Both officers pursued [redacted] on foot, when they caught up to him across East 125th Street, [redacted] alleged they conducted a forcible takedown, punched him, and used a CEW in drive-stun mode (Allegation B: Force, [redacted] Allegation C: Force, [redacted] Allegation D: Force, [redacted]
On scene, a witness, [redacted] spoke with PO Wagenhauser. PO Wagenhauser told [redacted] "Go the fuck over here." (Allegation E: Discourtesy, [redacted] [redacted] said, "Give me your badge number, I want your fucking badge number," to PO Wagenhauser, who walked away without responding (Allegation F: Abuse of Authority, [redacted] While speaking with another officer, PO Senese stated, "He fucking cracked him," [redacted] responded to this statement (Allegation G: Discourtesy, [redacted]
[redacted] alleged that when officers were escorting him from the desk area to the cell area of the 25th precinct stationhouse, an officer pulled on his handcuff chain (Allegation H-I: Force, [redacted] Once inside the cell area, [redacted] sat in a chair while officers removed items he could not take into the cell area. PO Sergay Gobelek, PO Florin Alexandru, PO Matthew Sitchel, and PO Anthony Steel, all from the 25th Precinct instructed [redacted] to stand up. PO Gobelek stated, "Don't put your fucking hands on me." (Allegation J: Discourtesy, [redacted] [redacted] stated that officers conducted a forcible takedown and threw into the cell area, where he alleged he struck his head (Allegations K-N: Force, [redacted] [redacted] alleged that officers refused to obtain medical treatment for... Read report for details.


Details

Incident: April 8, 2019
Received: April 16, 2019
Closed: May 14, 2020

Reason for contact: PD suspected C/V of violation/crime - street
Location: Police building
In NYPD 25th Precinct Manhattan
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected