Complaint #202202061,
March 17, 2022

Officer: Yan, David
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Yan, David
Complainant: White Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Yan, David
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Yan, David
Complainant: White Male, 30-34
Allegation: Force: Chokehold
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer Complainant Allegation CCRB Board Conclusion
Yan, David White Male, 30-34 Abuse of Authority: Entry of Premises Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Yan, David White Male, 30-34 Force: Physical force Substantiated (Charges)
Yan, David White Male, 30-34 Abuse of Authority: Forcible Removal to Hospital Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Yan, David White Male, 30-34 Force: Chokehold Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Yan, David
Closed: Retained, without discipline, May 1, 2024
APU Closed: Retained, without discipline
No penalty

Summary

On March 17, 2022, prior to 9:46am, [redacted] mother, [redacted] and her physical therapist, [redacted] called 911 and reported that [redacted] had taken a lot of pain medication and was trying kill himself inside his apartment at [redacted] in Manhattan. Sergeant David Yan, Police Officer Princesse Cadoo, Police Officer Nikoy Wallace and Police Officer Sonia Hazel, all of the 13th Precinct, responded. Under the authority of Sgt. Yan, the officers entered [redacted] home with EMTs and decided that he needed to be removed to the hospital (Allegations A and D: Abuse of Authority, [redacted]). Sgt. Yan decided to handcuff [redacted] who did not immediately comply. Sgt. Yan punched [redacted] in his face to gain compliance (Allegation B: Force, [redacted]). He contacted [redacted] neck several times during the incident (Allegation C: Force, [redacted]).
[redacted] Read report for details.


Details

Incident: March 17, 2022
Received: April 1, 2022
Closed: May 16, 2023
Last Updated: May 3, 2024

Reason for contact: EDP aided case
Location: Apartment/house
In NYPD 13th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Mayela Arthur, Princesse Cadoo, Sonia Hazel, Angela Villota, Nikoy Wallace
Body-Worn Camera evidence collected