Complaint #201908431,
July 4, 2019

Officer: Kelly, Sean
Complainant: Black Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Burke, Timothy
Complainant: Black Male, 32
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer: Crain, Christopher
Complainant: Black Male, 32
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Charges)
Officer: Perlmutter, Anthony
Complainant: Black Male, 32
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Kelly, Sean
Complainant: Black Male, 32
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Piro, Gregory
Complainant: Black Male, 32
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Kelly, Sean Black Male, 32 Discourtesy: Word Substantiated (Command Lvl Instructions)
Burke, Timothy Black Male, 32 Discourtesy: Word Substantiated (Formalized Training)
CCRB Investigator Recommendation: Exonerated
Crain, Christopher Black Male, 32 Abuse of Authority: Strip-searched Substantiated (Charges)
Perlmutter, Anthony Black Male, 32 Discourtesy: Action Unsubstantiated
Kelly, Sean Black Male, 32 Discourtesy: Action Unsubstantiated
Piro, Gregory Black Male, 32 Discourtesy: Action Unsubstantiated

Conclusion Meanings:

'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.


Penalties

Crain, Christopher
Forfeit vacation 5 days
Closed: Resolved by plea, June 21, 2022
APU Guilty
Forfeit vacation 5 days

Burke, Timothy
Formalized Training

Kelly, Sean
Formalized Training

Summary

On July 4, 2019, at approximately 9:24 p.m., outside [redacted] in the Bronx, Police Officer Sean Kelly of the 44th Precinct spoke discourteously to [redacted] (Allegation A: Discourtesy, [redacted])
On July 4, 2019, at approximately 9:50 p.m., at the 44th Precinct stationhouse, Sergeant Christopher Crain of the 44th Precinct authorized the strip-search of [redacted] (Allegation B: Abuse of Authority, [redacted]) PO Kelly, as well as Police Officer Anthony Perlmutter and Police Officer Gregory Piro of the 44th Precinct, allegedly made sexually suggestive remarks to [redacted] while he was being searched (Allegations C-E: Discourtesy, [redacted]). Sergeant Timothy Burke of the 44th Precinct spoke discourteously to [redacted] (Allegation F: Discourtesy, [redacted]). [redacted] was ultimately released with two summonses during the incident. Read report for details.


Details

Incident: July 4, 2019
Received: September 23, 2019
Closed: January 26, 2021

Reason for contact: PD suspected C/V of violation/crime - street
Location: Police building
In NYPD 44th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Andrew Alvarado, Hanna Cottignies, Jorge Flores, Alonzo Macias, Vincent Mauro, Joseph Modica, Michael Sheridan
Body-Worn Camera evidence collected