Complaint #202207643,
November 5, 2022

Officer: Fogah, Dashawn
Complainant: Male, 30-34
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unable to Determine
Officer: Fogah, Dashawn
Complainant: Male, 30-34
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unable to Determine
Officer: Prate, Christian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unable to Determine
Officer: Prate, Christian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unable to Determine
Officer: Prate, Christian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Failed to Obtain Language Interpretation
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Fogah, Dashawn
Complainant: Male, 30-34
Allegation: Abuse of Authority: Failed to Obtain Language Interpretation
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Fogah, Dashawn
Complainant: Male, 30-34
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Prate, Christian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Fogah, Dashawn
Complainant: Male, 30-34
Allegation: Abuse of Authority: Bias-Based Policing (National Origin)
CCRB Conclusion: Substantiated (Charges)
Officer: Prate, Christian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Bias-Based Policing (National Origin)
CCRB Conclusion: Substantiated (Charges)
Officer: Fogah, Dashawn
Complainant: Male, 30-34
Allegation: Abuse of Authority: Bias-Based Policing (Immigration Status)
CCRB Conclusion: Unable to Determine
Recategorized as: Abuse of Authority: Other
Officer: Prate, Christian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Bias-Based Policing (Immigration Status)
CCRB Conclusion: Unable to Determine
Recategorized as: Abuse of Authority: Other
Officer Complainant Allegation CCRB Conclusion
Fogah, Dashawn Male, 30-34 Abuse of Authority: Refusal to provide name Unable to Determine
Fogah, Dashawn Male, 30-34 Abuse of Authority: Refusal to provide shield number Unable to Determine
Prate, Christian Male, 30-34 Abuse of Authority: Refusal to provide name Unable to Determine
Prate, Christian Male, 30-34 Abuse of Authority: Refusal to provide shield number Unable to Determine
Prate, Christian Male, 30-34 Abuse of Authority: Failed to Obtain Language Interpretation Substantiated (Formalized Training)
Fogah, Dashawn Male, 30-34 Abuse of Authority: Failed to Obtain Language Interpretation Substantiated (Formalized Training)
Fogah, Dashawn Male, 30-34 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Prate, Christian Male, 30-34 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Fogah, Dashawn Male, 30-34 Abuse of Authority: Bias-Based Policing (National Origin) Substantiated (Charges)
Prate, Christian Male, 30-34 Abuse of Authority: Bias-Based Policing (National Origin) Substantiated (Charges)
Fogah, Dashawn Male, 30-34 Abuse of Authority: Bias-Based Policing (Immigration Status) Unable to Determine
Recategorized as Abuse of Authority: Other
Prate, Christian Male, 30-34 Abuse of Authority: Bias-Based Policing (Immigration Status) Unable to Determine
Recategorized as Abuse of Authority: Other

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.

Further details on conclusions.


Penalties

Prate, Christian
Closed: Retained, with discipline, May 6, 2024
APU Closed: Retained, with discipline
Command Discipline A

Fogah, Dashawn
Closed: Retained, with discipline, May 6, 2024
APU Closed: Retained, with discipline
Command Discipline A

Summary

On November 5, 2022, at [redacted] in Queens, at around 11:26 p.m., [redacted] was inside his parked car when it was side swiped by another motorist, identified by the CCRB as [redacted]. [redacted] believed [redacted] was drunk and called the police. Police Officer Christian Prate and Police Officer Dashawn Fogah – both of the 115th Precinct – responded. PO Prate and PO Fogah issued [redacted] a summons for failing to provide proof of insurance, but refused to administer a field sobriety test. [redacted] believed PO Prate and PO Fogah did not administer a field sobriety test or take enforcement action against [redacted] because [redacted] allegedly told the officers that he was an American citizen (Allegations A-B: Abuse of Authority - Biased Policing, [redacted]). [redacted] also believes he was ignored because he does not speak English. PO Prate and PO Fogah failed to obtain language interpretation services for [redacted] and no language services were provided until other officers – Police Officer Tristan Etienne and Police Officer Rahuel Bhardwaj, also of the 115th Precinct – responded to the scene (Allegations C-D: Abuse of Authority, [redacted] Allegations E-F: Abuse of Authority - Biased Policing, [redacted]).
In addition, PO Prate and PO Fogah allegedly refused to provide their names and shield numbers to [redacted] (Allegations G-J: Abuse of Authority, [redacted]). Finally, PO Prate and PO Fogah improperly deactivated their body worn cameras before the incident had concluded (Allegations K-L: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: November 5, 2022
Received: November 9, 2022
Closed: December 14, 2023
Last Updated: May 8, 2024

Reason for contact: Traffic accident
Location: Street/highway
Outcome: No arrest made or summons issued

Witness Officers: Rahuel Bhardwaj, Tristan Etienne, Michael Valverde
Body-Worn Camera evidence collected