| Officer: | Demarco, Daniel |
|---|---|
| Complainant: | Black Male, 30-34 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Tosado, Rafael |
| Complainant: | Black Male, 30-34 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Phipps, Michael |
| Complainant: | Black Male, 30-34 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Phipps, Michael |
| Complainant: | Black Male, 30-34 |
| Allegation: | Offensive Language: Other |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Demarco, Daniel |
| Complainant: | Black Male, 30-34 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Demarco, Daniel |
| Complainant: | Black Male, 30-34 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Demarco, Daniel |
| Complainant: | Black Male, 30-34 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Unknown Officer |
| Complainant: | Black Male, 30-34 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Officer(s) Unidentified |
| Officer: | Phipps, Michael |
| Complainant: | Black Male, 30-34 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Phipps, Michael |
| Complainant: | Black Male, 30-34 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Demarco, Daniel | Black Male, 30-34 | Force: Physical force | Within NYPD Guidelines |
| Tosado, Rafael | Black Male, 30-34 | Force: Physical force | Within NYPD Guidelines |
| Phipps, Michael | Black Male, 30-34 | Discourtesy: Word | Substantiated (Command Discipline A) |
| Phipps, Michael | Black Male, 30-34 | Offensive Language: Other | Substantiated (Charges) |
| Demarco, Daniel | Black Male, 30-34 | Abuse of Authority: Stop | Within NYPD Guidelines |
| Demarco, Daniel | Black Male, 30-34 | Abuse of Authority: Frisk | Within NYPD Guidelines |
| Demarco, Daniel | Black Male, 30-34 | Abuse of Authority: Search (of person) | Within NYPD Guidelines |
| Unknown Officer | Black Male, 30-34 | Force: Physical force | Officer(s) Unidentified |
| Phipps, Michael | Black Male, 30-34 | Discourtesy: Word | Substantiated (Command Discipline A) |
| Phipps, Michael | Black Male, 30-34 | Discourtesy: Word | Substantiated (Command Discipline A) |
Further details on conclusions.
On April 1, 2022, at approximately 2:05 a.m., [redacted] was stopped in the vicinity of 72 West 181st Street in the Bronx by PO Daniel Demarco of the 46th Precinct (Allegation A: Abuse of Authority, within NYPD guidelines). Lieutenant Rafael Tosado of the 46th Precinct accompanied PO Demarco as PO Demarco frisked and searched [redacted] (Allegations B and C: Abuse of Authority, within NYPD guidelines). PO Demarco and Lieutenant Tosado placed [redacted] in handcuffs and PO Demarco recovered a lighter that looked like a gun from [redacted] left pocket as well as a loaded gun from [redacted] front waistband. In the process of searching [redacted] PO Demarco and Lieutenant Tosado allegedly raised [redacted] arms behind his back, allegedly put him on the ground onto his stomach, and then allegedly turned him onto his hands which were handcuffed (Allegations D and E: Force, within NYPD guidelines).
PO Michael Phipps of the 46th Precinct arrived on scene with numerous back up officers from the 46th Precinct. PO Phipps assisted in escorting [redacted] to the 46th Precinct stationhouse from the location, and then later escorted [redacted] to [redacted] Hospital where he was treated for a dislocated thumb which was allegedly dislocated during the incident at an unknown point in time by an unknown officer (Allegation F: Force, officer unidentified). At the arrest location, at the 46th Precinct stationhouse, and en route to [redacted] Hospital, PO Phipps used various iterations of the words "fuck" and "shit" on multiple occasions as well as one instance of the word "pussy" in [redacted] presence (Allegations G and H: Discourtesy, substantiated, Allegation I: Offensive Language, substantiated, and Allegation J: Discourtesy, substantiated).
[redacted] was arrested for criminal possession of a loaded firearm [redacted].
There was a four month delay in closing this case due to a request from the District Attorney's Office to postpone officer interviews until after a suppression hearing.
Read report for details.