Complaint #201906713,
July 3, 2019

Officer: Almontaser, Abdurahm
Complainant: Male, 31
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Welch, Marlene
Complainant: Male, 31
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Miller, David
Complainant: Male, 31
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Carlin, Christian
Complainant: Male, 31
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Carlin, Christian
Complainant: Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Carlin, Christian
Complainant: Female, 34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Almontaser, Abdurahm
Complainant: Female, 34
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Pregent, Cody
Complainant: Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Pregent, Cody
Complainant: Female, 34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Miller, David
Complainant: Female, 34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Miller, David
Complainant: Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Miller, David
Complainant: Male, 31
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Carlin, Christian
Complainant: Male, 31
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 30-34
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unfounded
Officer: Carlin, Christian
Complainant: Male, 31
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Female, 30-34
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Almontaser, Abdurahm Male, 31 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Welch, Marlene Male, 31 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Miller, David Male, 31 Abuse of Authority: Entry of Premises Exonerated
Carlin, Christian Male, 31 Abuse of Authority: Entry of Premises Exonerated
Carlin, Christian Male, 31 Abuse of Authority: Threat of arrest Exonerated
Carlin, Christian Female, 34 Abuse of Authority: Threat of arrest Exonerated
Almontaser, Abdurahm Female, 34 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Pregent, Cody Male, 31 Abuse of Authority: Threat of arrest Exonerated
Pregent, Cody Female, 34 Abuse of Authority: Threat of arrest Exonerated
Miller, David Female, 34 Abuse of Authority: Threat of arrest Exonerated
Miller, David Male, 31 Abuse of Authority: Threat of arrest Exonerated
Miller, David Male, 31 Discourtesy: Word Exonerated
CCRB Investigator Recommendation: Substantiated
Carlin, Christian Male, 31 Abuse of Authority: Threat to damage/seize property Exonerated
Unknown Officer Male, 30-34 Abuse of Authority: Question Unfounded
Carlin, Christian Male, 31 Abuse of Authority: Search of Premises Unfounded
Unknown Officer Female, 30-34 Abuse of Authority: Question 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.
'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.


Summary

On July 3, 2019, at approximately 7:20 p.m., [redacted] and [redacted] were at their apartment at [redacted] in Brooklyn when 71st Precinct officers PO Cody Pregent and PO David Miller arrived with the building's superintendent, [redacted]. [redacted] and [redacted] had been evicted but had appealed against that eviction. Officers told them they had to vacate the premises. After receiving legal documentation from [redacted] and from [redacted] and [redacted], PO Pregent called the NYPD Legal Department. After the phone call, PO Pregent threated to arrest [redacted] and [redacted] if they did not vacate the apartment (Allegations A and B: Abuse of Authority, [redacted]). PO Miller prevented the door from closing by placing his foot in the doorway and leaning against it and threatened to arrest [redacted] and [redacted] if they did not leave (Allegations C to E: Abuse of Authority, [redacted]). PO Miller called [redacted] a "smartass" (Allegation F: Discourtesy, [redacted]). PO Pregent requested a supervisor to the scene and Sgt. Christian Carlin and PO Adam Elmaadawy of the 71st Precinct responded. Sgt. Carlin stood by the door and prevented it from closing (Allegation G: Abuse of Authority, [redacted]). Sgt. Carlin advised [redacted] and [redacted] that if they continued to refuse to leave, officers would break down the door and arrest them (Allegations H to J: Abuse of Authority, [redacted]). [redacted] and [redacted] opened the door and all four officers entered. Allegedly, an officer asked if there were weapons inside the apartment and officers conducted a security sweep of the apartment for weapons (Allegations K to M: Abuse of Authority, [redacted]).
On July 8, 2019, at approximately 8:00p.m., [redacted] and [redacted] arrived at the 71st Precinct stationhouse to file a complaint regarding the July 3, 2019, incident. They spoke to 71st Precinct officers PO Marlene Welch and Sgt. Abdurahm Almontaser. PO Welch allegedly refused to process a written complaint presented by [redacted] (Allegation N: Abuse of... Read report for details.


Details

Incident: July 3, 2019
Received: July 31, 2019
Closed: December 7, 2020

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 71st Precinct Brooklyn
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected