Complaint #202204339,
July 2, 2022

Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Within NYPD Guidelines
Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unable to Determine
Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Unable to Determine
Officer: Szot, Amanda
Complainant: Age 25-29
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Within NYPD Guidelines
Officer: Habib, Omar
Complainant: Age 25-29
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Within NYPD Guidelines
Officer: Hillery, Charles
Complainant: Age 25-29
Allegation: Discourtesy: Action
CCRB Conclusion: Unable to Determine
Officer: Calderon, Justin
Complainant: Age 25-29
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Within NYPD Guidelines
Officer: Calderon, Justin
Complainant: Age 25-29
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hillery, Charles
Allegation: Untruthful Statement: False official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Hillery, Charles Age 25-29 Force: Physical force Unable to Determine
Hillery, Charles Age 25-29 Force: Physical force Substantiated (Command Discipline B)
Hillery, Charles Age 25-29 Abuse of Authority: Interference with recording Within NYPD Guidelines
Hillery, Charles Age 25-29 Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Hillery, Charles Age 25-29 Force: Physical force Within NYPD Guidelines
Hillery, Charles Age 25-29 Abuse of Authority: Threat of arrest Unable to Determine
Hillery, Charles Age 25-29 Discourtesy: Word Unable to Determine
Szot, Amanda Age 25-29 Abuse of Authority: Threat of force (verbal or physical) Within NYPD Guidelines
Habib, Omar Age 25-29 Abuse of Authority: Improper use of body-worn camera Within NYPD Guidelines
Hillery, Charles Age 25-29 Discourtesy: Action Unable to Determine
Calderon, Justin Age 25-29 Abuse of Authority: Interference with recording Within NYPD Guidelines
Calderon, Justin Age 25-29 Discourtesy: Action Substantiated (Command Discipline A)
Hillery, Charles Untruthful Statement: False official statement Substantiated (Charges)

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.


Penalties

Hillery, Charles
Forfeit vacation 5 days
Closed: Resolved by plea, June 13, 2024
APU Command Discipline A
Forfeit vacation 5 days / Command Discipline A

Calderon, Justin
Command Discipline - A

Summary

On July 2, 2022, at approximately 11:25pm, in the vicinity of East Gun Hill Road and Barnes Avenue, in The Bronx, PO Charles Hillery and PO Justin Calderon, of the 47th Precinct, interfered with [redacted] use of a recording device (Allegations A and B: Abuse of Authority, [redacted]). PO Hillery then flashed his light in [redacted] face and said to him, "You little punk" (Allegations C and D: Discourtesy, [redacted]). PO Calderon pointed his flashlight at [redacted] face (Allegation E: Discourtesy, [redacted]). PO Hillery and his partner, PO Omar Habib, also of the 47th Precinct, turned off their body-worn cameras (BWCs) before approaching [redacted] (Allegation F: Abuse of Authority, [redacted]) (Allegation G: Abuse of Authority, [redacted]). PO Hillery pressed his chest against [redacted] (Allegation H: Force, [redacted]). He then slapped his phone out of his hand (Allegation I: Force, [redacted]), causing it to fall to the ground and break (Allegation J: Abuse of Authority, [redacted]). PO Hillery twisted [redacted] arm (Allegation K: Force, [redacted]). He then said, "Now you're going to jail" (Allegation L: Abuse of Authority, [redacted]). Lt. Amanda Szot, of the 47th Precinct, said to [redacted], "Stop moving or I will taser you" (Allegation M: Abuse of Authority, [redacted]).
On February 2, 2023, PO Hillery provided a false official statement to the CCRB (Allegation N: Untruthful Statement, [redacted]).
This incident concluded with [redacted] being removed to the stationhouse and released with a C-Summons for harassment (Board Review 01). Read report for details.


Details

Incident: July 2, 2022
Received: July 3, 2022
Closed: August 23, 2023
Last Updated: June 22, 2024

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Public space/building
In NYPD 47th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Omair Butt, Mark Fleming, Jeffrey Reisenauer, David Verna
Body-Worn Camera evidence collected
Video evidence collected