Complaint #201905473,
June 22, 2019

Officer: Smith, Michael
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Smith, Michael
Complainant: Asian Male, 49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Smith, Michael
Complainant: Asian Male, 49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Smith, Michael
Complainant: Asian Male, 49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Asian Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Smith, Michael Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Smith, Michael Asian Male, 49 Abuse of Authority: Threat of arrest Exonerated
Smith, Michael Asian Male, 49 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
Smith, Michael Asian Male, 49 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Unknown Officer Asian Male, 45-49 Abuse of Authority: Threat of arrest 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.
'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.


Penalty

Smith, Michael
Formalized Training

Summary

On June 22, 2019, at approximately 6:45 AM, officers responded to [redacted] residence located at [redacted], in the Bronx. With his dog nearby [redacted] opened his door to find Sergeant Michael Smith (of the 47th Precinct) in the hallway with several other officers. Sergeant Smith proceeded to advise [redacted] that he had violated the terms of an order of protection that barred him from communicating with his upstairs neighbor. [redacted] denied doing so and refused to comply when Sergeant Smith asked him to secure his dog and step outside. In response, Sergeant Smith stated, "Your dog is going to end up getting killed - you really want me to shoot your dog in front of you?" (Allegation A: Abuse of Authority – Threat of Force, [redacted]). Sergeant Smith also allegedly threatened to shoot [redacted] (Allegation B: Abuse of Authority – Threat of Force, [redacted]). Further investigation revealed that it was [redacted] adult son, [redacted], who had violated the order of protection. Upon confirming that [redacted], was present inside the apartment, Sergeant Smith directed his officers to enter the premises to arrest him (Allegation C: Abuse of Authority – Premises Entered, [redacted]). When [redacted] attempted to prevent the officers from doing so, Sergeant Smith and another officer threatened to arrest him (Allegations D, E: Abuse of Authority – Threat of Arrest, [redacted]). [redacted] was ultimately taken into custody without further incident (Board Review 10). No one else was arrested or summonsed. Read report for details.


Details

Incident: June 22, 2019
Received: June 24, 2019
Closed: May 15, 2020

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 50th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Jessica Carucci, Daniel Deloatch, Stephen Dietrich, Christopher Knitter, Brian Wolvers
Body-Worn Camera evidence collected