Complaint #202003772,
May 30, 2020

Officer: Belcher, Andrew
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Belcher, Andrew
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Rourke, Thomas
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Belcher, Andrew
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rourke, Thomas
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Belcher, Andrew
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Belcher, Andrew
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Rourke, Thomas
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Belcher, Andrew
Complainant: Black Female, 30-34
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Rourke, Thomas
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Belcher, Andrew
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Belcher, Andrew Abuse of Authority: Vehicle search Unsubstantiated
Belcher, Andrew Black Male, 30-34 Abuse of Authority: Refusal to provide shield number Unfounded
Rourke, Thomas Black Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Belcher, Andrew Black Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Rourke, Thomas Black Male, 30-34 Abuse of Authority: Refusal to provide shield number Unfounded
Belcher, Andrew Black Female, 30-34 Abuse of Authority: Question Unsubstantiated
Belcher, Andrew Black Male, 30-34 Abuse of Authority: Question Unsubstantiated
Rourke, Thomas Black Male, 30-34 Abuse of Authority: Frisk Unsubstantiated
Belcher, Andrew Black Female, 30-34 Force: Chokehold Unfounded
Rourke, Thomas Black Male, 30-34 Abuse of Authority: Search (of person) Unsubstantiated
Belcher, Andrew Black Male, 30-34 Force: Physical force Substantiated (Command Discipline B)

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.
'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

Belcher, Andrew
Closed: SOL Expired prior to APU, August 10, 2023
APU Closed: SOL Expired prior to APU

Summary

On May 30, 2020, at approximately 12:40 a.m., [redacted] was driving her car with [redacted] headed westbound on Liberty Avenue in Brooklyn when in the vicinity of Liberty Avenue and Fountain Avenue, her vehicle was pulled over by Police Officer Andrew Belcher and Police Officer Thomas Rourke of the 75th Precinct. PO Belcher asked [redacted] and [redacted] if they had been smoking marijuana in the car (Allegations A and B – Abuse of Authority, [redacted]). PO Belcher ordered [redacted] and [redacted] to exit her car and [redacted] refused. PO Belcher reached through the front driver side window of [redacted] car, removed her keys from the ignition, unbuckled her seatbelt, and pulled her from her car, causing her to fall to the ground (Allegation C - Force, [redacted]). On the ground, PO Belcher allegedly kept his knee on the back of [redacted] neck while she was handcuffed (Allegation D - Force, [redacted]). PO Rourke frisked and searched [redacted] and PO Belcher searched [redacted] vehicle. (Allegations E, F, and G – Abuse of Authority, [redacted]). [redacted] asked PO Belcher and PO Rourke for their business cards, which they did not provide (Allegations H and I – Abuse of Authority, [redacted]). [redacted] asked PO Belcher and PO Rourke for their shield numbers, but the officers did not verbally provide this information (Allegations J and K – Abuse of Authority, [redacted]).
[redacted] was issued a summons for a cracked windshield as a result of this incident (Board Review 13). Read report for details.


Details

Incident: May 30, 2020
Received: June 2, 2020
Closed: September 13, 2022

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Other VTL violation summons issued

Witness Officers: Burt Antoine
Body-Worn Camera evidence collected