Complaint #202100819,
December 18, 2020

Officer: Evans, Donald
Complainant: Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Simmons, Shon
Complainant: Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Evans, Donald
Complainant: Female, 30-34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Murray, Marze
Complainant: Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Simmons, Shon
Complainant: Female, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Evans, Donald Female, 30-34 Force: Physical force Unfounded
Simmons, Shon Female, 30-34 Force: Physical force Unfounded
Evans, Donald Female, 30-34 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Murray, Marze Female, 30-34 Force: Physical force Unfounded
Simmons, Shon Female, 30-34 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)

Conclusion Meanings:

'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.


Penalties

Evans, Donald
Formalized Training

Simmons, Shon
No Disciplinary Action-DUP
No penalty

Summary

At approximately 12:49 p.m. on December 18, 2020, [redacted] entered the Atlantic Avenue-Barclays Center subway station in Brooklyn. [redacted] was transferring from a bus to the subway. When she saw another passenger exit the station through an emergency door, she entered through the emergency door rather than swipe through the turnstile. She was then stopped by Sergeant Donald Evans of Transit District 32, who told her that she could not enter without paying a fare. [redacted] returned to the entrance and went through the turnstile, but Sergeant Evans told her that this did not change the fact that she had entered without paying. Sergeant Evans and one of his partners, Police Officer Shon Simmons of Transit District 32, ordered [redacted] to provide her identification. [redacted] refused to provide it and started to walk away. The three officers then grabbed [redacted] and started to handcuff her. They allegedly tackled her to the ground while doing so (Allegations A, B and C: Force – Physical force, [redacted]). The officers then handcuffed her with the assistance of Police Officer Marze Murray of Transit District 32. During the struggle, Police Officer Simmons threatened to use pepper spray on [redacted] (Allegation D: Abuse of Authority - Threat of force, [redacted]).
[redacted] began hyperventilating after her arrest. The officers called an ambulance, which transported [redacted] to [redacted]. From there, she was transported to the Transit District 32 stationhouse for arrest processing. [redacted] initially refused to allow officers to photograph and fingerprint her. Sergeant Evans allegedly threatened to give her additional criminal charges if she refused (Allegation E: Abuse of Authority – Threat of arrest, [redacted]). [redacted] ultimately complied. She was released with a DAT. She was charged with [redacted] (Board Review #01-02). [redacted] requested further medical attention after her arrest. Sergeant Evans called an ambulance, which transported [redacted] to [redacted]. Read report for details.


Details

Incident: December 18, 2020
Received: February 4, 2021
Closed: May 4, 2022

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 78th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected