Complaint #201909820,
November 10, 2019

Officer: Ou, Nick
Complainant: White Female, 65-69
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Birch, Michael
Complainant: White Female, 65-69
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Ou, Nick White Female, 65-69 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)
Birch, Michael White Female, 65-69 Abuse of Authority: Threat re: removal to hospital 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.


Penalty

Ou, Nick
Command Discipline - B
Command Discipline - B (Vacation: 5 days)

Summary

At approximately 2:40 p.m. on November 10, 2019, [redacted] got into an argument with her next-door neighbor about their shared property boundary. [redacted] lives at [redacted] in Staten Island, while her neighbor lives at [redacted]. [redacted]s neighbor called 911, and Police Officer Michael Birch and Police Officer Stephanie Corporan of the 120th Precinct responded. [redacted] went outside and spoke to the officers. Police Officer Birch allegedly told [redacted] "One more word out of you and I'll handcuff you and take you to the hospital." (Allegation A: Abuse of Authority: Threat of removal to hospital: Unsubstantiated) [redacted] said that she would report Police Officer Birch to IAB, and he allegedly repeated his threat to have [redacted] removed to a hospital (within Allegation A). [redacted] then walked away from the incident area.
At approximately 5:30 p.m. the same day, [redacted] entered the 120th Precinct stationhouse in Staten Island and spoke to Police Officer Nick Ou of the 120th Precinct at the public-facing service window near the stationhouse entrance. She told Police Officer Ou that she wanted to file a criminal complaint report against her neighbor and a report of police misconduct against the officers who came to her home. Police Officer Ou prepared the criminal complaint but did not prepare a report of police misconduct (Allegation B: Abuse of Authority: Refusal to process civilian complaint: Substantiated). Read report for details.


Details

Incident: November 10, 2019
Received: November 12, 2019
Closed: August 17, 2021

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 120th Precinct Staten Island
Outcome: No arrest made or summons issued

Witness Officers: Stephanie Corporan
Video evidence collected