Complaint #9701807,
May 15, 1997

Officer: Cappelmann, John
Allegation: Force: Push/Shove
CCRB Conclusion: Unsubstantiated
Officer: Messina, Gary
Allegation: Abuse of Authority: Arrest/D. A. T.
CCRB Conclusion: Unsubstantiated
Officer: Messina, Gary
Allegation: Discourtesy: Nasty Words
CCRB Conclusion: Unsubstantiated
Officer Allegation CCRB Conclusion
Cappelmann, John Force: Push/Shove Unsubstantiated
Messina, Gary Abuse of Authority: Arrest/D. A. T. Unsubstantiated
Messina, Gary Discourtesy: Nasty Words Unsubstantiated

Conclusion Meanings:

'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

[redacted] was a member of the [redacted]. He worked at [redacted] for thirteen years and was working the 1300-2200 shift, on 05-15-97. Every evening before punching out, he surveyed the outside of the school and set the alarm.
On 05-15-97, at 9:50 p.m., [redacted] exited the school building and went into the front yard. There he saw a group of twenty kids drinking beer. Shortly after he approached the group, a police car pulled up and the officers got out of the car.
The previous evening, Lt. Messina held a precinct community council meeting. At which time he was informed that kids were drinking in the schoolyard after dark. Based on this information, the officers went to [redacted], on this evening. Lt. Messina stated that they responded following a radio run but there is no evidence of such a report.
The police arrived and the individuals in the yard began dropping bottles. Lt. Messina saw [redacted] with a beer bottle in his hand, which he dropped to the ground when he saw the officers.
The officers instructed everyone to freeze and get up against the wall. The kids and [redacted] complied. Everyone was frisked. Those without identification were handcuffed and all the individuals were transported to the precinct.
[redacted] gave PO Cappelmann his school identification. PO Cappelmann recalled that it was not clear that [redacted] was a [redacted] employee, but Lt. Messina stated that from the beginning it was clear that [redacted] was the [redacted].
At the precinct, [redacted] was issued a summons for being in the park after dark, and one for possession of alcohol. At the precinct, Lt. Messina filled out the summonses and PO Cappelmann signed them. PO Cappelmann did not see [redacted] with a bottle, but he issued the summonses based on the Lt.'s observations and orders. [redacted] was given the summonses and released. Read report for details.


Details

Incident: May 15, 1997
Received: May 22, 1997
Closed: May 22, 1997

Reason for contact: Patrol Encounter
Outcome: No arrest made or summons issued