Complaint #202103883,
June 4, 2019

Officer: Burke, Timothy
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Chokehold
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Brady, Michelle
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Monestime, Roosvelt
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gaylog, Robert
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Brady, Michelle
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Caraballo, Hensley
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Burke, Timothy
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Meneses, Michael
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Negersmith, Paul
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Unlawful Arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Restricted Breathing
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Burke, Timothy Discourtesy: Word Substantiated (Command Discipline A)
Unknown Officer Hispanic Male, 21-24 Force: Chokehold Officer(s) Unidentified
Unknown Officer Hispanic Male, 21-24 Force: Physical force Officer(s) Unidentified
Brady, Michelle Hispanic Male, 21-24 Force: Physical force Exonerated
Monestime, Roosvelt Hispanic Male, 21-24 Force: Physical force Exonerated
Gaylog, Robert Hispanic Male, 21-24 Force: Physical force Exonerated
Brady, Michelle Hispanic Male, 21-24 Discourtesy: Word Exonerated
Caraballo, Hensley Hispanic Male, 21-24 Force: Physical force Exonerated
Burke, Timothy Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline A)
Meneses, Michael Hispanic Male, 21-24 Force: Physical force Exonerated
Negersmith, Paul Hispanic Male, 21-24 Abuse of Authority: Unlawful Arrest Substantiated (Command Discipline B)
Unknown Officer Hispanic Male, 21-24 Force: Restricted Breathing Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Negersmith, Paul
No Disciplinary Action-SOL
No penalty

Burke, Timothy
No Disciplinary Action-SOL
No penalty

Summary

At approximately 10:05 p.m. on June 4, 2019, Lt. Daniel Bianco, PO Michael Sheridan, and PO Maximo Gomez of the 44th Precinct saw [redacted] standing outside of 1565 Townsend Avenue in the Bronx. The NYPD was seeking [redacted] for allegedly instructing another civilian to vandalize a police vehicle two days prior (see complaint number [redacted]). As the officers pursued [redacted] and forcibly arrested other civilians (see complaint number [redacted]) a large crowd formed, and numerous officers responded to the scene as backup.
Sgt. Paul Negersmith, PO Michelle Brady, PO Michael Meneses, and PO Roosvelt Monestime of the 44th Precinct walked along E Mt Eden Street, ordering nearby civilians to disperse. PO Brady threatened [redacted] with arrest if he remained in the area and cursed at him (Allegation A: Discourtesy: Word: [redacted]). Sgt. Negersmith then ordered [redacted] arrest and grabbed him (Allegation B: Abuse of Authority: Unlawful Arrest: [redacted]). PO Brady, PO Meneses, and PO Monestime then began grappling with [redacted] and they were quickly joined by PO Gaylog (Allegation C: Force: Physical Force: [redacted], Allegation D: Force: Physical Force: [redacted], Allegation E: Force: Physical Force: [redacted], Allegation F: Force: Physical Force: [redacted]). PO Hensley Caraballo of the 44th Precinct joined the struggle soon after (Allegation G: Force: Physical Force: [redacted]), along with unidentified officers. As officers apprehended [redacted] Sgt. Timothy Burke of the 44th Precinct shouted, "Anybody else want some of this shit?", "Get the fuck off my block!" and "Get the fuck out!" at unidentified civilians (Allegation H: Abuse of Authority: Threat of Force: [redacted], Allegation I: Discourtesy: Word: [redacted]). As the officers struggled to handcuff [redacted] officers allegedly punched and kicked [redacted] multiple times (Allegation J: Force: Physical Force: [redacted]). Officers brought [redacted] to his feet while he was not fully restrained, then brought him back to the ground. During... Read report for details.


Details

Incident: June 4, 2019
Received: June 13, 2019
Closed: February 22, 2022

Location: Street/highway
In NYPD 44th Precinct Bronx

Witness Officers: Melvin Balbuena, William Beissel, Roger Bennett, Luke Brennan, Mark Buono, Christopher Crain, Daniel Diaz, Maximo Gomez, Philip Heckett, Austin Joyce, Vladimir Julien, Sean Kelly, Daniel Maria, Kennedy Marte, Vincent Ritell
Body-Worn Camera evidence collected
Video evidence collected