Complaint #9701476,
April 22, 1997

Officer: Horan, Michael
Allegation: Force: Gun pointed
CCRB Conclusion: Substantiated (Charges)
Officer: Horan, Michael
Allegation: Force: Radio as club
CCRB Conclusion: Substantiated (Charges)
Officer: Mccarthy, James
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Horan, Michael
Allegation: Abuse of Authority: Other - Abuse
CCRB Conclusion: Unsubstantiated
Officer: Horan, Michael
Allegation: Discourtesy: Curse
CCRB Conclusion: Unsubstantiated
Officer Allegation CCRB Conclusion
Horan, Michael Force: Gun pointed Substantiated (Charges)
Horan, Michael Force: Radio as club Substantiated (Charges)
Mccarthy, James Abuse of Authority: Threat of arrest Unsubstantiated
Horan, Michael Abuse of Authority: Other - Abuse Unsubstantiated
Horan, Michael Discourtesy: Curse Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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 April 22, 1997, at approximately 12:30 pm, [redacted] delivered ½ a pound of cocaine to [redacted] A Ghost, Dt. Byam, was stationed nearby to watch the apartment door. Another group of officers were stationed outside of the building in unmarked cars. Sgt. McCarthy, Lt. Nicholson, Dt. Trapani, Dt. Crowe, and Dt. O'Donnell were among these officers.
Some time after the delivery was made, the two men who had accepted the package left the apartment and headed for the stairs. Dt. Byam put a description of these two male Hispanics over the radio and then followed them out of the building. The two men were immediately apprehended by two or three members of the Narcotics team.
Dt. Horan, was also a member of this Narcotics team. He was stationed in the stairwell on the [redacted] floor directly below [redacted] and dressed as a Federal Express employee. After Dt. Byam left the building, Dt. Horan continued to monitor the door to the apartment. He wanted to be sure that no one left the building without being noticed.
Dt. Horan had heard several descriptions over the radio. He claims that a dark-skinned male wearing green clothing was mentioned. While the other officers were still downstairs, Dt. Horan saw and chose to detain a Black male wearing green clothing. This Black male, [redacted] had just returned from a business meeting and was walking up the stairs towards his [redacted]
Mr. [redacted] claims that he was approached by Dt. Horan while he was in the process of opening his door. Dt. Horan claims that he and Mr. [redacted] were still in the stairwell just below the fifth floor. In any case, Dt. Horan approached Mr. [redacted] and said, "Come here." Mr. [redacted] claims that he pivoted, mistook Dt. Horan for a janitor and turned back towards his apartment. Dt. Horan claims that he realized his plain clothes might be misleading and decided to identify himself. He claims that he pulled out his badge and said, "I would like you to stay here a few minutes until we figure things out." Dt. Horan claims that Mr.... Read report for details.


Details

Incident: April 22, 1997
Received: April 25, 1997
Closed: April 25, 1997

Reason for contact: Complainant Witnessing Incident
Outcome: No arrest made or summons issued