Complaint #202308675,
September 4, 2023

Officer: Davis, Devon
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Upshur, Gregory
Complainant: Male, 40-44
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rathour, Sukhdev
Complainant: Male, 40-44
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Davis, Devon
Complainant: Male, 40-44
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Castro, Dania
Complainant: Male, 40-44
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Castro, Dania
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unfounded
Officer: Upshur, Gregory
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Bellegarde, Emmanuel
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Bellegarde, Emmanuel
Complainant: Male, 40-44
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hossain, Mkanwar
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Hernandez, Elliot
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Hossain, Mkanwar
Complainant: Male, 40-44
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Hernandez, Elliot
Complainant: Male, 40-44
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Davis, Devon
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Conclusion
Davis, Devon Black Male, 40-44 Force: Physical force Within NYPD Guidelines
Upshur, Gregory Male, 40-44 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Rathour, Sukhdev Male, 40-44 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Davis, Devon Male, 40-44 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Castro, Dania Male, 40-44 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Castro, Dania Black Male, 40-44 Abuse of Authority: Forcible Removal to Hospital Substantiated (Formalized Training)
Unknown Officer Black Male, 40-44 Force: Restricted Breathing Unfounded
Upshur, Gregory Black Male, 40-44 Force: Physical force Within NYPD Guidelines
Bellegarde, Emmanuel Black Male, 40-44 Discourtesy: Word Substantiated (Command Discipline B)
Bellegarde, Emmanuel Male, 40-44 Abuse of Authority: Improper use of body-worn camera Substantiated (Command Discipline A)
Hossain, Mkanwar Black Male, 40-44 Force: Physical force Within NYPD Guidelines
Hernandez, Elliot Black Male, 40-44 Force: Physical force Within NYPD Guidelines
Hossain, Mkanwar Male, 40-44 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Hernandez, Elliot Male, 40-44 Abuse of Authority: Improper use of body-worn camera Substantiated (Formalized Training)
Davis, Devon Black Male, 40-44 Force: Physical force Within NYPD Guidelines

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Castro, Dania
Formalized Training

Davis, Devon
Formalized Training

Bellegarde, Emmanuel
Pending
APU - Decision Pending

Upshur, Gregory
Formalized Training

Rathour, Sukhdev
Formalized Training

Hernandez, Elliot
Formalized Training

Hossain, Mkanwar
Formalized Training

Details

Incident: September 4, 2023
Received: September 14, 2023
Closed: January 31, 2025
Last Updated: April 12, 2025

Reason for contact: EDP aided case
Location: Apartment/house
Outcome: No arrest made or summons issued

Witness Officers: Reynell Delossantos, Tracey Metoo, Richard Moonsammy
Body-Worn Camera evidence collected
Video evidence collected