Complaint #202100181,
January 2, 2021

Officer: Montario, Thomas
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Farina, Daniel
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Harris, Christopher
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Montario, Thomas
Complainant: Black Male, 30-34
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Harris, Christopher
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Montario, Thomas
Complainant: Black Male, 30-34
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Harris, Christopher
Complainant: Black Male, 30-34
Allegation: Force: Vehicle
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Montario, Thomas Black Male, 30-34 Force: Physical force Unsubstantiated
Farina, Daniel Black Male, 30-34 Force: Physical force Miscellaneous - Subject Resigned
Harris, Christopher Discourtesy: Word Exonerated
CCRB Investigator Recommendation: Substantiated
Montario, Thomas Black Male, 30-34 Force: Restricted Breathing Unsubstantiated
Harris, Christopher Black Male, 30-34 Force: Physical force Exonerated
Montario, Thomas Black Male, 30-34 Force: Chokehold Unsubstantiated
Harris, Christopher Black Male, 30-34 Force: Vehicle 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.
'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 January 2, 2021, at 6:48PM, [redacted] and other individuals were riding ATV's and dirt bikes on the street in front of 113-08 Sutphin Boulevard in Queens during a memorial for their friend. [redacted] was revving his ATV bike's engine and wearing a black and red helmet. [redacted] alleged Sergeant Christopher Harris and Police Officer Daniel Farina of the 113 Precinct tapped [redacted] off the ATV with his car so that [redacted] fell off (Allegation A: Force, [redacted]). Sgt. Harris and PO Farina then took [redacted] to the ground and handcuffed him (Allegation B: Force, [redacted]; Allegation C: Force, [redacted]). PO Montario of the 113 Precinct allegedly kneeled on [redacted]'s neck, resulting in alleged restricted breathing in a chokehold (Allegations D-F: Force, [redacted]). After arresting [redacted], Sgt. Harris told a bystander that [redacted] could have "fucking killed" someone (Allegation G: Discourtesy, [redacted]). Read report for details.


Details

Incident: January 2, 2021
Received: January 8, 2021
Closed: May 18, 2022

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Robert Falcone, Daniel Healy, Bryant Spagnolo, Zachary Subramany
Body-Worn Camera evidence collected
Video evidence collected