Complaint #202105575,
September 9, 2021

Officer: Felix, Nicholas
Complainant: White Male, 30-34
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Felix, Nicholas
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Ou, Regina
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Slavescu, Beatrice
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mcmahon, Patrick
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Samuel, Smithu
Complainant: White Male, 30-34
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Samuel, Smithu
Complainant: White Male, 30-34
Allegation: Force: Restricted Breathing
CCRB Conclusion: Substantiated (Charges)
Officer: Felix, Nicholas
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Rowe, Marlon
Complainant: White Male, 30-34
Allegation: Force: Restricted Breathing
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Samuel, Smithu
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Rowe, Marlon
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Ou, Regina
Complainant: White Female, 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Mcmahon, Patrick
Complainant: White Female, 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Felix, Nicholas
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Rowe, Marlon
Complainant: White Male, 30-34
Allegation: Force: Chokehold
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Samuel, Smithu
Allegation: Untruthful Statement: False official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Felix, Nicholas White Male, 30-34 Force: Nonlethal restraining device Exonerated
Felix, Nicholas White Male, 30-34 Force: Physical force Exonerated
Ou, Regina White Male, 30-34 Force: Physical force Exonerated
Slavescu, Beatrice White Male, 30-34 Force: Physical force Exonerated
Mcmahon, Patrick White Male, 30-34 Force: Physical force Exonerated
Samuel, Smithu White Male, 30-34 Force: Chokehold Unsubstantiated
Samuel, Smithu White Male, 30-34 Force: Restricted Breathing Substantiated (Charges)
Felix, Nicholas White Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Rowe, Marlon White Male, 30-34 Force: Restricted Breathing Miscellaneous - Subject Retired
Samuel, Smithu White Male, 30-34 Force: Physical force Substantiated (Command Discipline B)
Rowe, Marlon White Male, 30-34 Force: Physical force Miscellaneous - Subject Retired
Ou, Regina White Female, 18-20 Abuse of Authority: Stop Exonerated
Mcmahon, Patrick White Female, 18-20 Abuse of Authority: Stop Exonerated
Felix, Nicholas White Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Rowe, Marlon White Male, 30-34 Force: Chokehold Miscellaneous - Subject Retired
Samuel, Smithu Untruthful Statement: False official statement Substantiated (Charges)

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.


Penalty

Samuel, Smithu
Forfeit vacation 10 days
Closed: Plea set aside, Without discipline, January 16, 2024
APU Dismissed

Summary

On September 9, 2021, at approximately 5:43 p.m., Police Officers Regina Ou, Patrick McMahon, Beatrice Slavescu, and Nicholas Felix, all from the 61st Precinct, responded to [redacted] in Brooklyn regarding a family dispute with a weapon. Upon arrival, [redacted] ex-girlfriend, was exiting the building. PO Ou and PO McMahon stopped [redacted] (Allegations A and B: Abuse of Authority-Stop, [redacted] exited the building, and PO Ou, PO McMahon, PO Slavescu, and PO Felix used force to place him in handcuffs (Allegations C, D, E, and F: Force-Physical Force, [redacted] PO Felix pointed his Taser at [redacted] (Allegation G: Abuse of Authority-Threat of Force, [redacted] During the handcuffing process, PO Felix activated his Taser to subdue [redacted] and the prongs made contact with [redacted] body (Allegation H: Force-Nonlethal Restraining Device, [redacted] After using his Taser, PO Felix told [redacted] that he would "shoot him again" (Allegation I: Abuse of Authority: Threat of Force (verbal), [redacted] The officers placed [redacted] in handcuffs.
Sergeant Smithu Samuel, also from the 61st Precinct, arrived on scene after [redacted] was handcuffed. While [redacted] was seated on the ground, Sgt. Samuel lifted him off the ground and brought him down to the ground, again, several feet away (Allegation J: Force-Physical Force, [redacted] When on the ground, Sgt. Samuel applied pressure to [redacted] head or neck (subsumed in allegation J), which allegedly restricted [redacted] breathing (Allegation K: Force-Chokehold, [redacted] (Allegation L: Force-Restricted Breathing, [redacted].
Lieutenant Marlon Rowe, also from the 61st Precinct, arrived on scene while Sgt. Samuel was interacting with [redacted] Police Officers Stephanie Belpat, Ryan Caine, Nicholas Lynch, and Stephen Lecastro, all from the 61st Precinct, arrived on scene around when Lieutenant Rowe did. Lieutenant Rowe escorted [redacted] to a seated position, where he used force to pull [redacted] shirt over his nose and mouth, allegedly restricting his... Read report for details.


Details

Incident: September 9, 2021
Received: September 17, 2021
Closed: January 19, 2023

Reason for contact: Report-domestic dispute
Location: Street/highway
In NYPD 61st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Stephanie Beplat, Ryan Caine, Stephen Locastro, Nicholas Lynch
Body-Worn Camera evidence collected
Video evidence collected