Complaint #202004012,
May 29, 2020

Officer: Sargent, Andreas
Complainant: Female, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cunningham, Martin
Complainant: Female, 10-14
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Cunningham, Martin
Complainant: Female, 10-14
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Cunningham, Martin
Complainant: Female, 10-14
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Charges)
Officer: Depasquale, Breanna
Complainant: Female, 10-14
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Schreckenstein, Jason
Complainant: Female, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Cunningham, Martin
Complainant: Female, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Schreckenstein, Jason
Complainant: Female, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Schreckenstein, Jason
Complainant: Female, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Cunningham, Martin
Complainant: Female, 10-14
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Sargent, Andreas Female, 10-14 Force: Physical force Exonerated
Cunningham, Martin Female, 10-14 Discourtesy: Word Exonerated
Cunningham, Martin Female, 10-14 Discourtesy: Word Exonerated
Cunningham, Martin Female, 10-14 Offensive Language: Race Substantiated (Charges)
Depasquale, Breanna Female, 10-14 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Schreckenstein, Jason Female, 10-14 Force: Physical force Unfounded
Cunningham, Martin Female, 10-14 Force: Physical force Exonerated
Schreckenstein, Jason Female, 10-14 Force: Physical force Unfounded
Schreckenstein, Jason Female, 10-14 Force: Physical force Unfounded
Cunningham, Martin Female, 10-14 Discourtesy: Word Substantiated (Command Discipline A)

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.
'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

Cunningham, Martin
Closed: Charges not served, March 31, 2023
APU Closed: Charges not served

Summary

On May 29, 2020, at approximately 8:00 p.m., [redacted] and [redacted] were walking with several friends near the intersection of Crown Avenue and Utica Avenue in Brooklyn. At the intersection, they ran into a rival group of friends and a physical fight broke out. Sergeant John Kenny, Police Officer Steven Ruiz, Police Officer Michael Baratta, Police Officer Anderson Thimote, Sergeant Martin Cunningham, Police Officer Andreas Sargent, Police Officer Jason Schreckenstein, Police Officer Breanna Depasquale, all of the 71st Precinct Anti-Crime Team, witnessed the fight from across the street. Sgt. Cunningham pushed [redacted] into the wall of a nearby building (Allegation A: Force, [redacted]). At the same time, PO Schreckenstein pushed [redacted] into a wall (Allegation B: Force, [redacted]). Sgt. Cunningham addressed [redacted] and said their behavior was "fuckin dumb" and told [redacted] "Stop acting like an animal. Stop! Beating up one girl! Be quiet!" (Allegations C- D: Discourtesy, [redacted], Allegation E: Offensive Language, [redacted], Allegation F: Discourtesy, [redacted]).
Police Officer Sarah Davittsweeney and Police Officer Eric Ruiz, both of the 71st Precinct, arrived to transport the girls to the stationhouse for the preparation of juvenile reports. While walking [redacted] to the vehicle, PO Schreckenstein allegedly picked her up and threw her on the ground (Allegation G: Force, [redacted]). PO Schreckenstein then allegedly pushed [redacted] into the back of the vehicle inwards (Allegation H: Force, [redacted]). At the 71st Precinct stationhouse, [redacted] allegedly asked PO Depasquale for medical attention, but PO Depasquale allegedly did not respond to the request (Allegation I: Abuse of Authority, [redacted]). PO Sargent allegedly pushed [redacted] into a chair in the juvenile room of the 71st Precinct stationhouse (Allegation J: Force, [redacted]). [redacted] and [redacted] were released into the custody of their parents and guardians upon the completion of their juvenile reports. Read report for details.


Details

Incident: May 29, 2020
Received: June 4, 2020
Closed: April 21, 2022

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 71st Precinct Brooklyn
Outcome: Juvenile Report

Witness Officers: Michael Baratta, Sarah Davittsweeney, John Kenny, Steven Ruiz, Anderson Thimote
Body-Worn Camera evidence collected
Video evidence collected