Complaint #202100493, January 2021

Incident: January 19, 2021
Received: January 25, 2021
Closed: June 9, 2022


Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Gabriel Cuevas, Andrew Tofalli, Joseph Zerella
Officer: Mcsherry, James
Complainant: Male, 50-54
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Mcsherry, James
Complainant: Male, 50-54
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Mcsherry, James
Complainant: Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mcsherry, James
Complainant: Male, 50-54
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Mcsherry, James
Complainant: Male, 50-54
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Mcsherry, James Male, 50-54 Abuse of Authority: Stop Substantiated (Command Discipline A)
Mcsherry, James Male, 50-54 Force: Chokehold Unsubstantiated
Mcsherry, James Male, 50-54 Force: Physical force Unsubstantiated
Mcsherry, James Male, 50-54 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Mcsherry, James Male, 50-54 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

Penalty

Mcsherry, James
Command Discipline - B
Command Discipline - B (Vacation: 3 days)


Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.