Complaint #9901848,
April 16, 1999

Officer: Bennett, Mervin
Allegation: Force: Gun pointed
CCRB Conclusion: Exonerated
Officer: Pagnotta, Anthony
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer: Bennett, Mervin
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Bennett, Mervin
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Bennett, Mervin
Allegation: Abuse of Authority: Gun pointed
CCRB Conclusion: Unsubstantiated
Officer: Bennett, Mervin
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unfounded
Officer: Bennett, Mervin
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer Allegation CCRB Conclusion
Bennett, Mervin Force: Gun pointed Exonerated
Pagnotta, Anthony Abuse of Authority: Other Exonerated
Bennett, Mervin Discourtesy: Word Unsubstantiated
Bennett, Mervin Force: Physical force Unfounded
Bennett, Mervin Abuse of Authority: Gun pointed Unsubstantiated
Bennett, Mervin Abuse of Authority: Frisk and/or search Unfounded
Bennett, Mervin Abuse of Authority: Other Exonerated

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 April 16, 1999 at approximately 7:28 PM, [redacted] stated that she was feeling tired so she went and lay down on her mother's bed. [redacted] stated that no sooner had she lay down on the bed that she heard people yelling, "Get down on the fucking floor". [redacted] stated that she was lying on her back, and she saw a short black bald headed male pointing a gun at her and yelling, "Get the fuck down". [redacted] stated that she was already lying down so she did not move. [redacted] stated that from where she was lying she could see men dressed with raincoats with guns in their hands going towards the back of the apartment. [redacted] stated that she saw her niece, [redacted] walking almost naked from the rear of the apartment with her hands in the hair. [redacted] stated [redacted] was only wearing her panties and a bra. According to [redacted] [redacted] was saying, "Why are you doing this?"
[redacted] stated that after [redacted] came from one of the rear rooms in the apartment, soon after her son, [redacted] came out from the back with his hands in the air and told the officers, "It's me you want, I don't want you'll shooting my family". [redacted] stated that the officers then took [redacted] out of the apartment and left.
[redacted] stated that almost immediately they got dressed and went down to the 77th Precinct. [redacted] stated that a little while after arriving at the precinct, she saw the officers bring [redacted] into the waiting room. [redacted] stated that a sergeant on duty at the precinct told her that she should not file a civilian complaint because she would only bring a lot of trouble on herself. [redacted] also stated that the sergeant also told her that he should not tell anyone that he had told her not to file a civilian complaint. [redacted] stated that she told her son, [redacted] and [redacted] what the sergeant told her. [redacted] stated that the next day she went back to the 77th Precinct and filed a civilian complaint. Read report for details.


Details

Incident: April 16, 1999
Received: April 18, 1999
Closed: April 18, 1999
Outcome: No arrest made or summons issued