Complaint #9703208,
September 5, 1997

Officer: Oneill, James
Allegation: Force: Punch/Kick
CCRB Conclusion: Unsubstantiated
Officer: Oneill, James
Allegation: Abuse of Authority: Person Searched
CCRB Conclusion: Substantiated (Charges)
Officer: Flanagan, John
Allegation: Abuse of Authority: Detention
CCRB Conclusion: Substantiated (Charges)
Officer: Oneill, James
Allegation: Abuse of Authority: Detention
CCRB Conclusion: Substantiated (Charges)
Officer: Zotter, Rudy
Allegation: Abuse of Authority: Detention
CCRB Conclusion: Substantiated (Charges)
Officer: Oneill, James
Allegation: Abuse of Authority: Threat of force
CCRB Conclusion: Unsubstantiated
Officer: Flanagan, John
Allegation: Abuse of Authority: Other - Abuse
CCRB Conclusion: Substantiated (Charges)
Officer: Mccormack, Christopher
Allegation: Abuse of Authority: Other - Abuse
CCRB Conclusion: Substantiated (Charges)
Officer: Oneill, James
Allegation: Abuse of Authority: Other - Abuse
CCRB Conclusion: Substantiated (Charges)
Officer: Zotter, Rudy
Allegation: Abuse of Authority: Other - Abuse
CCRB Conclusion: Substantiated (Charges)
Officer: Oneill, James
Allegation: Discourtesy: Nasty Words
CCRB Conclusion: Unsubstantiated
Officer Allegation CCRB Conclusion
Oneill, James Force: Punch/Kick Unsubstantiated
Oneill, James Abuse of Authority: Person Searched Substantiated (Charges)
Flanagan, John Abuse of Authority: Detention Substantiated (Charges)
Oneill, James Abuse of Authority: Detention Substantiated (Charges)
Zotter, Rudy Abuse of Authority: Detention Substantiated (Charges)
Oneill, James Abuse of Authority: Threat of force Unsubstantiated
Flanagan, John Abuse of Authority: Other - Abuse Substantiated (Charges)
Mccormack, Christopher Abuse of Authority: Other - Abuse Substantiated (Charges)
Oneill, James Abuse of Authority: Other - Abuse Substantiated (Charges)
Zotter, Rudy Abuse of Authority: Other - Abuse Substantiated (Charges)
Oneill, James Discourtesy: Nasty Words 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 September 5th, 1997 at 8:30 a.m., [redacted] was returning from [redacted] (110th street) where his daughter attends school. He was walking south on 2nd Ave. toward 106th street, when a white male called him from a van. The male said "hey you," and flashed his badge. The officer was not in uniform and was working out of a 10 passenger, unmarked gray van, NY Plate #[redacted]. The officer asked him if he knew anything about a stolen bike or gun shots fired in the area. [redacted] said no to both questions and he began to walk away. The officer continued to question [redacted] asking him questions such as his name and address. [redacted] told the officer where he lived, and the officer asked him his date of birth. [redacted] restated that he did not know anything about a stolen bike, and he turned to walk away. P.O. #1 called over three plain-clothes officers; they grabbed [redacted] and frisked him along the side of a nearby fence.
[redacted] states that P.O. #1 never touched him and in fact remained to his back, therefore invisible. However P.O. numbers 2,3, and 4 held him against the fence. [redacted] states that P.O. #2 kicked and searched him then pulled off his jacket, leaving it on the ground. While P.O. #2 searched him, P.O. #3 stood to his right and said, "Hey, you fucking moron, when police stop you, you don't have the right to leave, when we want to stop you and search you we can." When [redacted] asked for their badge numbers P.O. #2 said "Shut the fuck up or I'll rip your balls off." Then P.O. #2 kicked him again on both ankles, grabbed and hit both testicles. [redacted] said to the officer, "you're hurting me," the officer said again, "shut the fuck or I'll rip your balls off." [redacted] was asked to explain the difference between a kick and the police officer using his foot to spread apart a suspect's legs. [redacted] responded, "because I have been searched before."
[redacted] stated that his face was bent over the top part of the fence and he could not see any people who may have been... Read report for details.


Details

Incident: September 5, 1997
Received: September 8, 1997
Closed: September 8, 1997

Reason for contact: Stop/Question/Frisk
Outcome: No arrest made or summons issued