Complaint #201904750,
January 15, 2019

Officer: Laborde, Michael
Complainant: Black Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Hom, Jonathan
Complainant: Black Male, 20
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Hom, Jonathan
Complainant: Black Male, 20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hom, Jonathan
Complainant: Black Male, 20
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Hom, Jonathan
Complainant: Black Male, 20
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Laborde, Michael Black Male, 20 Force: Physical force Exonerated
Unknown Officer Black Male, 18-20 Discourtesy: Word Officer(s) Unidentified
Hom, Jonathan Black Male, 20 Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Substantiated
Hom, Jonathan Black Male, 20 Abuse of Authority: Other Substantiated (Command Discipline A)
Hom, Jonathan Black Male, 20 Abuse of Authority: Frisk Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Hom, Jonathan Black Male, 20 Abuse of Authority: Search (of person) Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Unknown Officer Black Male, 18-20 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.
'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

Hom, Jonathan
Command Discipline - A

Summary

On January 15, 2019, at approximately 4:10 PM, while walking in the vicinity of East 116th Street and Park Avenue in Manhattan, [redacted] became aware that he was being followed by an unmarked vehicle carrying three individuals, identified as Sergeant Jonathan Hom, Police Officer Michael Laborde, and Police Officer Sheldon Elliott of the 23rd Precinct. Sergeant Hom and Police Officer Laborde exited the unmarked car and ran towards him. [redacted] immediately fled and was chased by the officers (Allegation A: Abuse of Authority – Stop, [redacted]). As he reached the corner of East 116th Street and Park Avenue, [redacted] was forcibly taken down to the ground by Police Officer Laborde (Allegation B: Physical Force, [redacted] 1). Sergeant Hom and Police Officer Laborde then handcuffed [redacted] with the assistance of other responding officers, at which time an unidentified officer allegedly told him to "shut the fuck up" (Allegation C: Discourtesy – Word, [redacted] 1). Upon handcuffing him, officers pulled on [redacted] s elbows in a forceful manner that allegedly dislocated his right shoulder (Allegation D: Physical Force, [redacted] 1). Under Sergeant Hom's observation, Police Officer Laborde and the responding officers proceeded to frisk and search [redacted] Is person (Allegation E: Abuse of Authority - Frisk, [redacted] 1, Allegation F: Abuse of Authority – Search, [redacted]), which yielded no firearms. Sergeant Hom directed that [redacted] be transported to the 23rd Precinct stationhouse (Allegation G: Abuse of Authority – Arrest, [redacted]). After being lodged in a cell for several hours, [redacted] was ultimately interviewed by Detective William Dunn of the 23rd Precinct's Detective Squad, who advised [redacted] that he had been misidentified as a wanted suspect. Shortly thereafter, [redacted] was released from police custody without being charged or summonsed with any offenses. [redacted] Read report for details.


Details

Incident: January 15, 2019
Received: May 31, 2019
Closed: June 15, 2020

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 25th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: William Dunn, Sheldon Elliott
Body-Worn Camera evidence collected
Video evidence collected