Complaint #202304298,
May 12, 2023

Officer: Wesh, Weber
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Wesh, Weber
Complainant: Male, 30-34
Allegation: Abuse of Authority: Photography/Videography
CCRB Conclusion: Within NYPD Guidelines
Officer: Wesh, Weber
Complainant: Male, 30-34
Allegation: Abuse of Authority: Bias-Based Policing (Race)
CCRB Conclusion: Unable to Determine
Recategorized as: Abuse of Authority: Other
Officer: Wesh, Weber
Complainant: Male, 30-34
Allegation: Abuse of Authority: Unlawful Arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Wesh, Weber
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Wesh, Weber Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Wesh, Weber Male, 30-34 Abuse of Authority: Photography/Videography Within NYPD Guidelines
Wesh, Weber Male, 30-34 Abuse of Authority: Bias-Based Policing (Race) Unable to Determine
Recategorized as Abuse of Authority: Other
Wesh, Weber Male, 30-34 Abuse of Authority: Unlawful Arrest Substantiated (Charges)
Wesh, Weber Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)

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

Wesh, Weber
Closed: Retained, without discipline, November 19, 2024
APU Closed: Retained, without discipline

Summary

On May 12, 2023, at approximately 10:00PM, [redacted] entered the 161st Street/Yankee Stadium Subway station by jumping over the turnstile. Sergeant Webber Wesh, of the Transit Bureau Anti-Terrorism Unit, stopped [redacted] and asked for [redacted] identification. Sgt. Wesh held pepper spray in his hand, which [redacted] interpreted as a threat. (Allegation A: Abuse of Authority, [redacted] replied that he did not have identification. Additional officers, including Police Officer Salma Akter, assisted Sgt. Wesh with the stop. Sgt. Wesh asked [redacted] for his name, and [redacted] replied, [redacted] Sgt. Wesh instructed PO Akter to search [redacted] on her department cellphone. The search returned negative results. Sgt. Wesh interpreted this result to mean that [redacted] had provided a false name. Sgt. Wesh unholstered his taser and told [redacted] that this was his "last chance" to provide his legal name. (Allegation B: Abuse of Authority, [redacted] Sgt. Wesh placed [redacted] in handcuffs. Following a search incident to arrest, Sgt. Wesh recovered two forms of identification from [redacted] both stating his name is [redacted] After obtaining identification verifying [redacted] identity, Sgt. Wesh transported him to the transit district stationhouse in the subway station. (Allegation C: Abuse of Authority, [redacted] was charged with theft of services.
At the stationhouse, [redacted] banged his head against the wall, causing injury to his head. Sgt. Wesh recorded and photographed [redacted] injuries on his department cellphone. (Allegation D: Abuse of Authority, [redacted] was transported to the hospital by EMS, and then later transported to Central Booking.
[redacted] also alleged that he was racially profiled by Sgt. Wesh during this incident. (Allegation E: Abuse of Authority – Biased Policing (Race), [redacted] Read report for details.


Details

Incident: May 12, 2023
Received: May 15, 2023
Closed: September 27, 2024
Last Updated: November 21, 2024

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Salma Akter, Zuel Clement, Atmkamrul Hasan, Md Majumder, Barbara Morales
Body-Worn Camera evidence collected
Video evidence collected