Complaint #201907725,
August 16, 2019

Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Donohue, Timothy
Complainant: Black Male, 16
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Donohue, Timothy
Complainant: Black Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Pomerantz, Michael
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Pomerantz, Michael
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Gaven, Timothy
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Donohue, Timothy
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Pomerantz, Michael
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Donohue, Timothy
Complainant: Black Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Gaven, Timothy
Complainant: Black Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Pomerantz, Michael
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Pomerantz, Michael
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Pomerantz, Michael
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Gaven, Timothy Black Male, 16 Force: Physical force Unsubstantiated
Donohue, Timothy Black Male, 16 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Donohue, Timothy Black Male, 16 Force: Physical force Unsubstantiated
Pomerantz, Michael Abuse of Authority: Stop Exonerated
Pomerantz, Michael Abuse of Authority: Stop Exonerated
Gaven, Timothy Black Male, 16 Discourtesy: Word Unfounded
Gaven, Timothy Black Male, 16 Force: Restricted Breathing Unsubstantiated
Gaven, Timothy Black Male, 16 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Gaven, Timothy Abuse of Authority: Refusal to provide shield number Unfounded
Donohue, Timothy Abuse of Authority: Refusal to provide shield number Unfounded
Pomerantz, Michael Abuse of Authority: Refusal to provide shield number Unfounded
Gaven, Timothy Black Male, 16 Abuse of Authority: Threat to damage/seize property Unsubstantiated
Gaven, Timothy Black Male, 16 Force: Physical force Unsubstantiated
Donohue, Timothy Black Male, 16 Discourtesy: Word Unsubstantiated
Gaven, Timothy Black Male, 16 Force: Hit against inanimate object Unsubstantiated
Gaven, Timothy Black Male, 16 Force: Physical force Unsubstantiated
Pomerantz, Michael Abuse of Authority: Failure to provide RTKA card Exonerated
Pomerantz, Michael Abuse of Authority: Failure to provide RTKA card Exonerated
Pomerantz, Michael Abuse of Authority: Interference with recording 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 August 16, 2019, at approximately 8:55 p.m., [redacted] was with his two friends, [redacted] and [redacted] on the corner of [redacted] in Manhattan. As all three individuals were allegedly attempting to rent CitiBikes at a docking station, Det. Timothy Gaven, Det. Timothy Donohue, and Sgt. Michael Pomerantz of Gang Squad Manhattan North stopped them (Allegations A and B: Abuse of Authority, [redacted] Det. Gaven allegedly asked [redacted] "What the fuck are you doing on the bike?" (Allegation C: Discourtesy, [redacted] Det. Gaven took him to the ground and [redacted] allegedly sustained abrasions to his face, arms, and hands (Allegation D: Force, [redacted] Det. Gaven allegedly pressed on [redacted] s back which allegedly restricted his breathing (Allegation E: Force, [redacted] Det. Gaven allegedly told him, "Before I break your arm, stop resisting" (Allegation F: Abuse of Authority, [redacted] Det. Donohue allegedly punched [redacted] once in the stomach (Allegation G: Force, [redacted] Det. Gaven handcuffed [redacted] and escorted him to their police vehicle as Sgt. Pomerantz also returned to the vehicle. [redacted] allegedly asked all three officers for their shield numbers and none responded (Allegation H-J: Abuse of Authority, [redacted] Det. Gaven allegedly pushed [redacted] onto the floor of the police vehicle (Allegation K: Force, [redacted] As [redacted] attempted to record the incident from outside the vehicle, Sgt. Pomerantz allegedly prevented him from doing so by rolling up the vehicle's windows and driving away (Allegation L: Abuse of Authority, [redacted] Sgt. Pomerantz did not offer business cards to [redacted] or [redacted] (Allegations M and N: Abuse of Authority, [redacted]
En route to the 25th Precinct stationhouse, [redacted] told officers multiple times that he had a CitiBike account and Det. Gaven allegedly told him he would throw his phone out of the window if he did not stop (Allegation O: Abuse of Authority, [redacted] Det. Gaven asked for [redacted] Is name which he refused to... Read report for details.


Details

Incident: August 16, 2019
Received: August 29, 2019
Closed: July 16, 2020

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

Video evidence collected