Complaint #202000323,
January 5, 2020

Officer: Hovestadt, David
Complainant: Asian Female, 21-24
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hovestadt, David
Complainant: Asian Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Hovestadt, David Asian Female, 21-24 Abuse of Authority: Seizure of property Substantiated (Command Discipline A)
Hovestadt, David Asian Female, 21-24 Force: Physical force Unfounded

Conclusion Meanings:

'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

Hovestadt, David
Command Discipline - A

Summary

On January 5, 2020, at approximately 1:30 a.m. [redacted] and her friend, [redacted] were driving home in [redacted]'s car. While [redacted] was double-parked outside [redacted]'s residence at [redacted] in Queens, a white sedan hit [redacted]'s passenger side mirror. [redacted] and the two passengers of this sedan, [redacted] and [redacted] got into a dispute. Police Officer David Hovestadt and Police Officer Fengzhong Chen, both of the 103rd Precinct, drove down the street, observed the encounter, exited their vehicle, and separated the parties. While officers spoke to [redacted], [redacted] and [redacted] began physically fighting. Officers pulled the two women apart and handcuffed them. Police Officer Hovestadt dragged [redacted] up from the ground into a standing position, putting pressure on her knee and causing pain (Allegation A: Force, [redacted]).
Officers placed [redacted] and [redacted] in different vehicles and obtained identification from [redacted] and [redacted]. Officers issued [redacted] and [redacted] summonses for disorderly conduct on scene. Police Officer Hovestadt gave [redacted]'s ID to [redacted]. He transported [redacted] to the stationhouse, issued her a summons there, and did not return her ID to her. (Allegation B: Abuse of Authority, [redacted]).
There is evidence suggesting that PO Hovestadt provided a false official statement during his CCRB interview (Allegation C: [redacted]). Read report for details.


Details

Incident: January 5, 2020
Received: January 14, 2020
Closed: January 21, 2022

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 103rd Precinct Queens
Outcome: Summons - other violation/crime

Witness Officers: James Barrett, Kengming Chang, Fengzhong Chen, Christopher Diakonikolas, Steven Furlan, Daniel Mccabe, Nicholas Pryor, Stevie Williamson
Body-Worn Camera evidence collected