Complaint #9605572,
December 4, 1996

Officer: Vandenende, Jan
Allegation: Force: Other - Force
CCRB Conclusion: Exonerated
Officer: Kemper, Michael
Allegation: Abuse of Authority: Threat of force
CCRB Conclusion: Unfounded
Officer: Vandenende, Jan
Allegation: Discourtesy: Curse
CCRB Conclusion: Unsubstantiated
Officer: Kemper, Michael
Allegation: Discourtesy: Nasty Words
CCRB Conclusion: Unfounded
Officer Allegation CCRB Conclusion
Vandenende, Jan Force: Other - Force Exonerated
Kemper, Michael Abuse of Authority: Threat of force Unfounded
Vandenende, Jan Discourtesy: Curse Unsubstantiated
Kemper, Michael Discourtesy: Nasty Words Unfounded

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or '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.


Summary

On December 4, 1996 at approximately 8:15 p.m., [redacted] was standing on the corner of Westminster Rd. and Church St. in Brooklyn in front of a store. While on the corner, a blue and white RMP pulled up and two uniformed officers exited the vehicle. The subject officer, identified as PO Vandenende, approached [redacted] and observed that he was in possession of an open quart container of Budweiser beer. PO Vandenende asked [redacted] for identification and [redacted] provided a form of "Governmental Identification." PO Vandenende then asked [redacted] what his address was but [redacted] would not disclose the specific address and only indicated that he lived down the street. [redacted] and PO Vandenende went back and forth on the issue and [redacted] began to protest. At this time, according to [redacted] PO Vandenende told him, "Shut up asshole." PO Vandendende then placed [redacted] against the RMP where he was searched, handcuffed and placed in the RMP behind PO Vandenende who was the operator. PO Marchetta sat in the back with [redacted] While in the RMP on their way to the 70th precinct, [redacted] complained that the handcuffs were too tight on his wrists. When they arrived at the precinct, [redacted] asked Sgt. Kemper who was assigned to the desk that evening, to make a notation in the command log about numbness in his left thumb as a result of the handcuffs being too tight. (Encl. #40). [redacted] stated that he also requested to file a complaint about the incident but Sgt. Kemper told him that it would take a few hours for it to be typed up. [redacted] left the precinct without the complaint form and returned the next day to pick it up. He indicated that later that day, Sgt. Kemper called his home and called him a scumbag and told him to watch out while he's on the street in his neighborhood. Read report for details.


Details

Incident: December 4, 1996
Received: December 11, 1996
Closed: December 11, 1996

Reason for contact: Patrol Encounter
Outcome: Other Summons Claimed or Issued