Complaint #202007709,
October 29, 2020

Officer: Roark, Nicole
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer: Roark, Nicole
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Roark, Nicole
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Bennett, Mervin
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Officer(s) Unidentified
Officer: Roark, Nicole
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Roark, Nicole Abuse of Authority: Search of Premises Unsubstantiated
Roark, Nicole Abuse of Authority: Entry of Premises Exonerated
Roark, Nicole Abuse of Authority: Entry of Premises Unsubstantiated
Bennett, Mervin Black Male, 45-49 Abuse of Authority: Seizure of property Unsubstantiated
Unknown Officer Black Male, 45-49 Abuse of Authority: Interference with recording Officer(s) Unidentified
Roark, Nicole Black Male, 45-49 Abuse of Authority: Property damaged Unsubstantiated

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
'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.


Summary

On October 29, 2020 [redacted] responded to the parking lot located at 2140 8th Avenue in Manhattan and spoke to Police Officer Nicole Roark and other officers from the 28th Precinct who told him that they received notice that illegal All-Terrain Vehicles (ATVs) were inside of the parking lot and therefore were going to remove those items. The property manager, [redacted] unlocked the gate to the lot and based on permission obtained by PO Roark she and other officers entered the lot (Allegation A: Abuse of Authority). [redacted] remained outside the gated entrance holding his cellphone and filming the officers. Officers pointed their flashlights directly at [redacted] cellphone, preventing him from filming them (Allegation B: Abuse of Authority - [redacted]).
Inside of the lot, officers, based on information obtained by PO Roark, broke the lock on [redacted] storage container (Allegation C: Abuse of Authority - [redacted]). Based on the information obtained by PO Roark, officers entered and searched the container, and under the supervision of Lt. Mervin Bennett, they then removed [redacted] ATVs (Allegations D, E, and F: Abuse of Authority - [redacted]). Read report for details.


Details

Incident: October 29, 2020
Received: November 23, 2020
Closed: April 21, 2022

Reason for contact: C/V at PCT to retrieve property
Location: Police building
In NYPD 28th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Dominic Bracco, Alex Chen, David Galindez, Matthew Grieve, Edison Gutierrez, Ronald Kennedy, Rodney Tomek, Joel Torres, Thomas Ye
Body-Worn Camera evidence collected
Video evidence collected