Complaint #9903506,
August 3, 1999

Officer: Mcmahon, Paul
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mcmahon, Paul
Complainant: Hispanic Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Mcmahon, Paul
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Fogarty, Sean
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Mcmahon, Paul
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Fogarty, Sean
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Crisfield, Craig
Complainant: Hispanic Male, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Fogarty, Sean
Complainant: Hispanic Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Mcmahon, Paul Hispanic Male, 21 Force: Physical force Exonerated
Mcmahon, Paul Hispanic Male, 21 Discourtesy: Word Unfounded
Mcmahon, Paul Abuse of Authority: Threat of arrest Unfounded
Fogarty, Sean Hispanic Male, 21 Force: Physical force Unfounded
Mcmahon, Paul Hispanic Male, 21 Force: Physical force Unfounded
Fogarty, Sean Abuse of Authority: Threat of arrest Unfounded
Crisfield, Craig Hispanic Male, 28 Discourtesy: Word Unsubstantiated
Fogarty, Sean Hispanic Male, 21 Discourtesy: Word Unfounded

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

[redacted] August 9, 1999 interview is summarized in enclosure 7. He states that in the hours before this incident, he was visiting a friend on the [redacted] of [redacted] At the time, he was aware that "there was supposedly some people selling drugs in the building." As he descended the stairs from the [redacted] to the first, he noticed three or four people running "like there was something going on." In order to avoid any trouble, he turned around to go back upstairs. Officer Fogarty, described as a white male, tall and husky, with light eyes, called after him, "come here!" [redacted] states that he did not know that this man was a police officer.
In his August 9, 1999 account, [redacted] states at one point that Officer Fogarty grabbed him and tried to hit him, then tackled him to the [redacted] hallway; he later states that Officer Fogarty tackled him, then attempted to hit him with his radio (allegation B). He goes on to state that he knocked on a friend's door (next to where he had been tackled), but Officer Fogarty, who was then attempting to handcuff him, yelled, "Don't come out, 'cause I got extra cuffs for you, too!" (allegation C). The officer then handcuffed him and pulled a bag of marijuana from his pocket, remarking, "Oh, is that what you were doing?" Although he was charged [redacted] states that he only had a small amount of marijuana which was used for personal consumption.
As Officer Fogarty was looking at the bag of marijuana, Sergeant McMahon appeared in the hallway and placed his knee on [redacted] back. As [redacted] called out to people he knew on the hallway, the two officers repeatedly told him to "shut the fuck up" and struck him about the back and head (allegations B, D-F). A young woman from the [redacted] opened her door to see, but the officers shut her door. Immediately after this, Officer Fogarty kicked him in the head, causing a laceration above his eyebrow (allegation G). [redacted] continued to yell out to others that he was being abused, but the officers announced that... Read report for details.


Details

Incident: August 3, 1999
Received: August 4, 1999
Closed: November 8, 2000

Reason for contact: PD suspected C/V of violation/crime - bldg
Outcome: No arrest made or summons issued