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) |
| NYPD Disposition: |
APU Guilty |
| Officer: |
Bellegarde, Emmanuel
|
| Complainant: |
Male, 40-44
|
| Allegation: |
Abuse of Authority: Improper use of body-worn camera |
| CCRB Conclusion: |
Substantiated (Command Discipline A) |
| NYPD Disposition: |
APU Dismissed |
| 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 |
|
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) |
|
NYPD Disposition:
APU Guilty
|
|
Bellegarde, Emmanuel
|
Male, 40-44
|
Abuse of Authority: Improper use of body-worn camera |
Substantiated (Command Discipline A) |
|
NYPD Disposition:
APU Dismissed
|
|
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
Bellegarde, Emmanuel
Forfeit vacation 10 days
Forfeit vacation 5 days
Closed: Guilty after trial-PC Approved, September 8, 2026
Forfeit vacation 5 days
Details
Incident: September 4, 2023
Received: September 14, 2023
Closed: January 31, 2025
Last Updated: September 10, 2026
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