Complaint #202006126,
May 30, 2020

Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unfounded
Officer: Gallagher, Daniel
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Silverstein, Steve
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 30-34 Force: Restricted Breathing Unfounded
Gallagher, Daniel Black Male, 30-34 Force: Physical force Miscellaneous - Subject Retired
Silverstein, Steve Black Male, 30-34 Force: Physical force Substantiated (Command Discipline B)
Unknown Officer Black Male, 30-34 Force: Nightstick as club (incl asp & baton) 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.
'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

Silverstein, Steve
Forfeit vacation 10 days
Closed: Resolved by plea, August 4, 2025
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Summary

On May 30, 2020, [redacted] was part of a large group of protestors who encountered police officers on The Bowery between East Houston Street and East 1st Avenue in Manhattan. Clashes occurred, resulting in this complaint and CCRB complaints 202004096, 202003969, 202003897, and 202102650.
In this case, at approximately 9:21 p.m., Lieutenant Daniel Gallagher of NYPD Legal indicated [redacted] to PO Vinord Andrew of the 1st Precinct and attempted to take [redacted] into custody. [redacted] resisted and Lieutenant Gallagher, assisted by PO Andrew; POs Nicholas Terrett, Luigi Tirro, Daniel Meblin, and Captain Stephen Spataro of the 1st Precinct; PO John Ferguson of the 103rd Precinct; PO Steve Silverstein of SRG 2; POs Jarvis Onabanjo and Steven Holguin of SRG 1; and unidentified officers used physical force and allegedly used baton strikes to arrest [redacted]. During [redacted] arrest, officers allegedly restricted [redacted] breathing. During [redacted] arrest, PO Silverstein knelt on [redacted] head.
[redacted] was arrested during this incident. His top charge was resisting arrest. The district attorney declined to prosecute, and the report was sealed. Read report for details.


Details

Incident: May 30, 2020
Received: August 14, 2020
Closed: April 4, 2022
Last Updated: August 6, 2025

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 9th Precinct Manhattan
Outcome: Arrest - resisting arrest

Witness Officers: Vinord Andrew, Nicholas Azzolino, Gerard Dowling, John Ferguson, Erik Fischer, Steven Holguin, Stephen Hughes, Daniel Meblin, Adam Mellusi, Jarvis Onabanjo, Stephen Spataro, Nicholas Terrett, Luigi Tirro
Body-Worn Camera evidence collected
Video evidence collected