Complaint #202101163,
January 25, 2021

Officer: Butler, Kevin
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Backer, John
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ellers, Shane
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Hurley, Brian
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Butler, Kevin
Complainant: Black Male, 50-54
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Backer, John
Complainant: Black Male, 50-54
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Butler, Kevin
Complainant: Black Male, 50-54
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Backer, John
Complainant: Black Male, 50-54
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Backer, John
Complainant: Black Male, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Backer, John
Complainant: Black Male, 50-54
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Butler, Kevin
Complainant: Black Male, 50-54
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Butler, Kevin Black Male, 50-54 Force: Physical force Unsubstantiated
Backer, John Black Male, 50-54 Force: Physical force Unsubstantiated
Ellers, Shane Black Male, 50-54 Force: Physical force Unsubstantiated
Hurley, Brian Black Male, 50-54 Force: Physical force Miscellaneous - Subject Resigned
Butler, Kevin Black Male, 50-54 Abuse of Authority: Entry of Premises Exonerated
Backer, John Black Male, 50-54 Abuse of Authority: Entry of Premises Exonerated
Butler, Kevin Black Male, 50-54 Abuse of Authority: Forcible Removal to Hospital Substantiated (Command Discipline A)
Backer, John Black Male, 50-54 Abuse of Authority: Forcible Removal to Hospital Substantiated (Command Discipline A)
Backer, John Black Male, 50-54 Discourtesy: Word Substantiated (Command Discipline A)
Backer, John Black Male, 50-54 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Butler, Kevin Black Male, 50-54 Abuse of Authority: Question Substantiated (Command Discipline A)

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.
'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.


Penalties

Backer, John
Closed: SOL Expired prior to APU, June 20, 2023
APU Closed: SOL Expired prior to APU

Butler, Kevin
No Disciplinary Action-SOL
No penalty

Summary

On January 25, 2021, at approximately 11:15 p.m., [redacted] called 911 requesting that police respond to her home at [redacted] in Queens. PO Kevin Butler, PO John Backer, PO Shane Ellers, and PO Brian Hurley, all of the 101st Precinct, responded to the location, where [redacted] and their son, [redacted] were present. All four officers entered [redacted] and spoke with [redacted]. PO Butler prepared a Domestic Incident Report for [redacted] who stated that her husband, [redacted] was intoxicated and that she wanted him to leave.
PO Butler and PO Backer determined that [redacted] needed to be removed to the hospital for intoxication (Allegations C, D: Abuse of Authority - Forcible removal to the hospital, [redacted]). Officers forcibly placed [redacted] in handcuffs while they waited for the ambulance (Allegations E, F, G: Force - Physical force, [redacted] (Allegation H: Force - Physical force, [redacted]).
At one point, PO Butler asked [redacted], "You have anything on you? Any knives, anything like that?" (Allegation I: Abuse of Authority - Question, [redacted]). PO Backer then searched [redacted] (Allegation J: Abuse of Authority - Search (of person), [redacted]). A few minutes later, [redacted] said, "Fuck you" and PO Backer responded, "Holy shit." (Allegation K: Discourtesy - Word, [redacted]).
[redacted] was eventually placed in an ambulance and taken to the hospital. Read report for details.


Details

Incident: January 25, 2021
Received: February 22, 2021
Closed: December 16, 2022

Reason for contact: Aided case
Location: Apartment/house
In NYPD 101st Precinct Queens
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected