Complaint #202101848,
November 4, 2020

Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unable to Determine
Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Force: Chokehold
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Force: Restricted Breathing
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Powell, Dynel
Complainant: White, 21-24
Allegation: Offensive Language: Gender Identity
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Miscellaneous - Subject Retired
Recategorized as: Offensive Language: Other
Officer: Gaspari, William
Complainant: White, 21-24
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Gaspari, William
Complainant: White, 21-24
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Gaspari, William
Complainant: White, 21-24
Allegation: Force: Restricted Breathing
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Abuse of Authority: Photography/Videography
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Offensive Language: Gender Identity
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unable to Determine
Recategorized as: Offensive Language: Other
Officer: Klein, Robert
Complainant: White, 21-24
Allegation: Force: Restricted Breathing
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer Complainant Allegation CCRB Board Conclusion
Klein, Robert White, 21-24 Discourtesy: Word Unable to Determine
CCRB Investigator Recommendation: Substantiated
Klein, Robert White, 21-24 Force: Physical force Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Klein, Robert White, 21-24 Force: Physical force Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Klein, Robert White, 21-24 Force: Chokehold Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Klein, Robert White, 21-24 Force: Restricted Breathing Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Powell, Dynel White, 21-24 Offensive Language: Gender Identity Miscellaneous - Subject Retired
CCRB Investigator Recommendation: Substantiated
Recategorized as Offensive Language: Other on December 9, 2024
Gaspari, William White, 21-24 Force: Physical force Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Gaspari, William White, 21-24 Force: Physical force Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Gaspari, William White, 21-24 Force: Restricted Breathing Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Klein, Robert White, 21-24 Abuse of Authority: Photography/Videography Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Klein, Robert White, 21-24 Offensive Language: Gender Identity Unable to Determine
CCRB Investigator Recommendation: Substantiated
Recategorized as Offensive Language: Other on December 9, 2024
Klein, Robert White, 21-24 Force: Restricted Breathing Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated

Conclusion Meanings:

'Unable to Determine': The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Summary

On November 4, 2020, at approximately 8:00pm, [redacted] joined a protest against police brutality and marched from 59th Street towards Union Square in Manhattan. At approximately 9:30pm, at the intersection of East 14th Street and Irving Place, the protest became disorderly in front of the Wells Fargo Bank located at 104 East 14th Street, and multiple people were placed under arrest. [redacted] was riding a Citibike and held the Citibike out to protect protestors from officers rushing onto the sidewalk. [redacted] allegedly struck then-Inspector Michele Irizarry in the face with their elbow. In response to seeing this, Detective Robert Klein of Bronx Homocide approached [redacted] struck them in the face twice, and took them to the ground (Allegations A, B: Force, [redacted]). [redacted] proceeded to flail and struggle with Detective Klein. In response to seeing this, Sgt. William Gaspari of the Strategic Response Group approached the detective and [redacted] and pushed them to the ground, and pinned them by the shoulders (Allegations C, D: Force, [redacted]). At this point, Sgt. Gaspari and Detective Klein allegedly placed their legs on [redacted]'s back and head, at which point [redacted] had trouble breathing and told officers that they could not breathe (Allegations E, F: Force, [redacted]). [redacted] was eventually placed into handcuffs and walked to a prisoner transport vehicle with Detective Klein and Sergeant Dunia Palacios of Bronx Narcotics. At one point on the way there, Detective Klein stated to [redacted] "Fucking relax" (Allegation G: Discourtesy, [redacted]). They continued to walk, and Detective Klein allegedly placed his hand around [redacted]'s neck causing bones to crack (Allegations H, I: Force, [redacted]). Detective Klein continued to walk [redacted] to the prisoner transport vehicle, at which point he and Police Officer Dynel Powell of the Strategic Response Group asked [redacted] if they were male or female, to which they responded that they did not know and identified as non-binary.... Read report for details.


Details

Incident: November 4, 2020
Received: March 22, 2021
Closed: November 22, 2023
Last Updated: December 11, 2024

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 9th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: David Bowman, Christopher Carlsen, Thomas Connolly, John Corbisiero, Widny Cylet, Julio Delgado, Jaline Fitts, Christopher Foley, Michele Irizarry, Robert Lee, Nicholas Levesque, Chase Maneri, Gerlando Marchetta, James Mcgeown, Nicole Monaco, Paul Oconnor, Dunia Palacios, Keri Preikschat, Beatrice Shafidiya, Andrew Ventrella
Body-Worn Camera evidence collected
Video evidence collected