Complaint #200200019,
January 1, 2002

Officer: Festino, Raymond
Complainant: Black Male, 21
Allegation: Discourtesy: Demeanor/tone
CCRB Conclusion: Substantiated (Charges)
Officer: Collado, Efrain
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Festino, Raymond
Complainant: Black Male, 21
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Charges)
Officer: Festino, Raymond
Complainant: Black Male, 21
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Charges)
Officer: Festino, Raymond
Allegation: Force: Gun Pointed
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Festino, Raymond
Complainant: Black Male, 21
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Exonerated
Officer: Collado, Efrain
Allegation: Abuse of Authority: Gun Drawn
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Arredondo, Albert
Allegation: Abuse of Authority: Gun Drawn
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Festino, Raymond Black Male, 21 Discourtesy: Demeanor/tone Substantiated (Charges)
Collado, Efrain Black Male, 21 Force: Physical force Exonerated
Festino, Raymond Black Male, 21 Abuse of Authority: Vehicle stop Substantiated (Charges)
Festino, Raymond Black Male, 21 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Charges)
Festino, Raymond Force: Gun Pointed Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Festino, Raymond Black Male, 21 Abuse of Authority: Frisk and/or search Exonerated
Collado, Efrain Abuse of Authority: Gun Drawn Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Arredondo, Albert Abuse of Authority: Gun Drawn Unsubstantiated
CCRB Investigator Recommendation: 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.
'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.


Penalty

Festino, Raymond
Command Discipline - A

Summary

Just after midnight on January 1, 2002, [redacted] his brother [redacted] and [redacted] s girlfriend, [redacted] were driving from [redacted] father's home in Brooklyn down Kingston Avenue. When they turned onto Dean Street, they were pulled over by an unmarked car and were approached by three plainclothes officers. PO Arredondo approached [redacted] the driver, and asked him for his license and registration. As [redacted] was speaking to the officer, PO Collado opened the back door and asked [redacted] who was seated in the back driver's side seat, for his ID. Certain that they had done nothing illegal, [redacted] asked the officer why he wanted to see his ID. [redacted]
PO Collado asked [redacted] again for his ID, and when he repeatedly asked why, the officer asked him to step out of the car. When [redacted] asked why he had to get out of the car, the officer reached into the car and pulled [redacted] out by the arms. Sgt. Festino, who was on the other side of the car, then joined PO Collado and they attempted to frisk [redacted]. They put him against the car face-first, handcuffed him behind his back, and then were able to search him. As they were doing so, the sergeant got out his pepper spray, held it into [redacted] face, and said that he was going to mace him. However, PO Collado asked him not to because he believed that he too would be hit with the pepper spray, and so the sergeant did not spray [redacted].
After approximately ten minutes, the officers found that the object in [redacted] pants was his cellular phone. They then released him and explained to him and the other civilians that they had been pulled over for security reasons. Read report for details.


Details

Incident: January 1, 2002
Received: January 2, 2002
Closed: April 25, 2002

Reason for contact: Other
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: No arrest made or summons issued