New York Daily News

Updated: October 7, 2015, 7:52 PM

  

 

Board finds NYPD cop who tackled James Blake used excessive force, should face departmental charges: sources

BY TINA MOORE, ROCCO PARASCANDOLA, CORKY SIEMASZKO

The cop who body-slammed tennis great James Blake outside a Manhattan hotel used excessive force.

Click here to
read CCRB letter

That was the conclusion of the Civilian Complaint Review Board after an investigation that included reviewing the shocking video of Officer James Frascatore manhandling Blake, sources said Wednesday.

The CCRB recommended departmental charges against Frascatore and that another officer, Detective Daniel Herzog, be disciplined for abusing his authority by authorizing the bogus arrest, the sources said.

Blake, in a statement, confirmed the CCRB’s conclusions.

“It is my understanding that these officers now face an administrative trial for their roles in the respective offenses,” he said. “I have complete respect for the principle of due process and appreciate the efforts of the CCRB to advance this investigation.''

Blake’s lawyer said he wants Frascatore fired.

“I think anyone who conducts himself in the manner in which this officer did should find a different line of work,” Kevin Marino said.

The NYPD said it was aware of CCRB’s findings but declined to comment at length.

“The department's internal review is still ongoing,” said Sgt. Brendan Ryan, a police spokesman.

Mayor de Blasio also declined to comment directly on the CCRB’s conclusions.

"The Mayor is focused on moving our city forward by building trust and restoring the bonds between police and communities they serve,” mayoral spokeswoman Monica Klein said.

CCRB chief Mina Malik confirmed they had completed their probe but declined to go into specifics.

"The CCRB is committed to conducting thorough and rigorous investigations on an expedited schedule in all cases that can be resolved quickly,” she said in a statement. “The Blake matter falls into this category, and we resolved it in under 30 days.”

There was no immediate response from the police union representing Frascatore and Herzog.

An independent agency with subpoena power, the CCRB investigates four kinds of police misconduct — force, abuse of authority, discourtesy and offensive language.

If an allegation is substantiated, the case is sent to Police Commissioner Bill Bratton, who has final say regarding discipline.

In the most serious cases, meaning those were the board has called for administrative charges — such as the Blake case — a CCRB lawyer serves as the prosecutor. Trials are held in the trial room at police headquarters.

Blake got slammed to the sidewalk on Sept. 9 outside the Grand Hyatt Hotel while waiting for a ride to the U.S. Open.

Frascatore and Herzog were part of a team of plainclothes officers looking to bust a Midtown credit card fraud ring and mistook Blake for one of the suspects.

The NYPD first got wind of the mistake after Blake told The Daily News what happened to him.

Frascatore, who was placed on desk duty after the incident, landed in more hot water after allegedly failing to report the bogus takedown to his superiors.

Blake, who is biracial, got an apology from both de Blasio and Bratton. He said he hoped what happened to him at the hands of a white cop would lead to changes in the way police officers treat all people of color.

With Erin Durkin

rparascandola@nydailynews.com