Complaint #202000957,
February 1, 2020

Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Officer(s) Unidentified
Officer: Elmaadawy, Adam
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Sexual Misconduct (Sexual Humiliation)
CCRB Conclusion: Substantiated (Charges)
Officer: Adair, Kevin
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Diaz, Francisco
Complainant: Black Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Francisco
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Guida, Daniel
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Francisco
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 15-17 Abuse of Authority: Gun Drawn Officer(s) Unidentified
Elmaadawy, Adam Black Male, 15-17 Abuse of Authority: Sexual Misconduct (Sexual Humiliation) Substantiated (Charges)
Adair, Kevin Black Male, 15-17 Force: Physical force Exonerated
Diaz, Francisco Black Male, 15-17 Discourtesy: Word Substantiated (Command Discipline A)
Diaz, Francisco Black Male, 15-17 Force: Physical force Exonerated
Guida, Daniel Abuse of Authority: Entry of Premises Unsubstantiated
Diaz, Francisco Black Male, 15-17 Force: Physical force Exonerated

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Diaz, Francisco
No Disciplinary Action-DUP
No penalty

Elmaadawy, Adam
Command Discipline B 10 days
Closed: Resolved by plea, October 2, 2023
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Summary

On February 1, 2020, at approximately 7:30 p.m., officers from the 71st Precinct anti-crime team, including Police Officer Francisco Diaz, Sergeant Martin Cunningham, Police Office Breana Depasquale, Police Officer Clifford Scanlon, Police Officer Andreas Sargent and Sergeant John Kenny, conducted an interior patrol of [redacted] in Brooklyn. During the patrol, officers from the team encountered a small group of teenage males smoking marijuana in the hallway. While the officers spoke with the teenagers, they noticed loud music and the odor of marijuana from [redacted] The officers called for other units to respond. Several officers from the 71st Precinct, including the Special Operations Lieutenant Daniel Guida, Detective Michael Gonzalez, and Detective Kevin Adair arrived at the location. At some point, the door to [redacted] the residence of [redacted] was opened. Lt. Guide led the officers inside of the apartment and ordered the group of teenagers, including [redacted] and their unidentified friends, inside to exit the apartment (Allegation A: Abuse of Authority, [redacted]). During the entry, an officer allegedly had his firearm out of its holster and shouted at [redacted] to get on the ground (Allegation B: Abuse of Authority, [redacted]). The officers directed all the teenagers to exit the apartment and stand in the hallway. While the teenagers stood in the hallway with the officers, [redacted] took his phone out of his pocket to try to call an individual. PO Diaz told [redacted] to put away the phone and repeated his instruction, saying, "Off the fucking phone. I'm not going to tell you again. Give me the phone," (Allegation C: Discourtesy, [redacted]). [redacted] did not put his phone away, causing PO Diaz to tell him that he would have to put [redacted] in handcuffs since he was not cooperating. PO Diaz attempted to grab [redacted] arms but was unable to do so. PO Diaz used a takedown on [redacted] to place him on the ground to handcuff him (Allegation D: Force, [redacted]). Det. Adair assisted in... Read report for details.


Details

Incident: February 1, 2020
Received: February 4, 2020
Closed: February 24, 2022

Location: Residential building
In NYPD 71st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Frank Beers, Mario Bueno, Martin Cunningham, Breanna Depasquale, Natalia Galarza, Michael Gonzalez, John Kenny, Andreas Sargent, Clifford Scanlon, Jason Schreckenstein, Anderson Thimote
Body-Worn Camera evidence collected
Video evidence collected