Complaint #202007855,
November 10, 2020

Officer: Unknown Officer
Complainant: White Male, 55-59
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Freeman, Andrew
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Freeman, Andrew
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Unlawful Arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Freeman, Andrew
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Freeman, Andrew
Complainant: Black Male, 21-24
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Unknown Officer White Male, 55-59 Discourtesy: Word Unfounded
Freeman, Andrew Black Male, 21-24 Abuse of Authority: Question Exonerated
Freeman, Andrew Black Male, 21-24 Abuse of Authority: Unlawful Arrest Substantiated (Charges)
Freeman, Andrew Black Male, 21-24 Force: Physical force Substantiated (Command Discipline B)
Freeman, Andrew Black Male, 21-24 Force: Restricted Breathing Unfounded

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

Freeman, Andrew
Closed: Charges not served, August 3, 2023
APU Closed: Charges not served

Summary

[redacted] and a friend entered the McDonald's at 1528 Broadway in Manhattan on November 10, 2020, at 10:35AM. [redacted] the security guard at the McDonald's called 911 stating there was a disorderly male inside 1528 Broadway who previously assaulted a manager. Police Officer Andrew Freeman and Police Officer Michael Martinez, both of Patrol Borough Manhattan South, responded. [redacted] told PO Freeman that he had recognized [redacted] as previously assaulting a manager and requested that he leave. [redacted] told them [redacted] was trespassing. PO Freeman requested [redacted] identification (Allegation A: Abuse of Authority, [redacted]). PO Freeman then followed [redacted] out of the McDonald's and around the street corner. PO Freeman then used force to place [redacted] into custody (Allegation B: Force, [redacted]). [redacted] alleged that PO Freeman restricted his breathing (Allegation C: Force, [redacted]). PO Freeman then arrested [redacted] for obstruction of governmental administration (OGA) and disorderly conduct (Allegation D: Abuse of Authority, [redacted]). [redacted] alleged that an officer told [redacted] to "get the fuck out of here" (Allegation E: Discourtesy, [redacted]). Read report for details.


Details

Incident: November 10, 2020
Received: December 1, 2020
Closed: April 22, 2022

Reason for contact: Report-noise/disturbance
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: James Arenella, Andrew Bhagan, Octavio Diaz, Adam Gutwein, Md Islamsarker, Steeve Juillet, Steven Lancia, Christopher Martinez, Michael Martinez, Wilkenson Pierre, Peter Rodeschin, Philip Siu, Jian Yu
Body-Worn Camera evidence collected
Video evidence collected