Complaint #9804036,
September 9, 1998

Officer: Downes, Sean
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer Allegation CCRB Conclusion
Downes, Sean Force: Hit against inanimate object 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

On September 9, 1998, at approximately 11:30 PM, Mr. [redacted] and his friend [redacted] were on the corner of 95th St. and 35th Ave. in Queens. [redacted] pointed a red laserbeam light at an officer (now identified as PO Timothy Erwig) and was therefore arrested for [redacted]. [redacted] told the officers to calm down because the officers were pushing [redacted] around. [redacted] was then arrested for [redacted] by PO Sean Downes, PO Erwig's partner. [redacted] and [redacted] were taken to the 115th Precinct stationhouse for processing. After approximately 3 hours of being in the holding cell at the 115th Precinct stationhouse, PO Downes took [redacted] to be fingerprinted. PO Downes was holding [redacted] finger tightly, so [redacted] yanked away from him. PO Downes grabbed [redacted] arm and placed handcuffs on him. After he was handcuffed, PO Downes threw [redacted] to the floor. The left side of [redacted] face slammed into the floor. PO Downes then grabbed [redacted] head and slammed his left cheek into the floor about 4-5 times. [redacted] stated that there was blood all over his face and on the floor as a cut opened above his left eye, on his brow. [redacted] passed out on the floor. When he regained consciousness a few minutes later, PO Downes had his knee against his neck.
[redacted] stated that he was not drinking alcohol that evening, but had smoked marijuana. [redacted] stated that there were other officers around in the stationhouse, but none assisted in hitting him. [redacted] was screaming from the holding cell to call an ambulance and screamed that they were going to kill him.
An ambulance arrived and transported [redacted] to [redacted] There, [redacted] was x-rayed, revealing that his left cheekbone had a minor fracture, while his right cheekbone had a major break. [redacted] said that the left side of his face was being banged into the floor, but the banging also caused his right cheekbone to fracture. [redacted] needed surgery and two metal plates were inserted in his face (see encl.... Read report for details.


Details

Incident: September 9, 1998
Received: September 15, 1998
Closed: April 26, 2000
Outcome: No arrest made or summons issued