Complaint #200205713,
August 22, 2002

Officer: Martinez, Robert
Complainant: Black Female, 26
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Martinez, Robert
Complainant: Black Female, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Martinez, Robert
Complainant: Black Female, 26
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Murphy, James
Complainant: Black Female, 26
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Martinez, Robert
Complainant: Black Female, 26
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Female, 24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Female, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Murphy, James
Complainant: Black Female, 26
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Martinez, Robert Black Female, 26 Force: Hit against inanimate object Exonerated
Martinez, Robert Black Female, 26 Discourtesy: Word Substantiated (Charges)
Martinez, Robert Black Female, 26 Discourtesy: Action Unsubstantiated
Murphy, James Black Female, 26 Force: Pepper spray Exonerated
Martinez, Robert Black Female, 26 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Unfounded
Martinez, Robert Black Female, 24 Abuse of Authority: Threat of arrest Unsubstantiated
Martinez, Robert Black Female, 24 Discourtesy: Word Unsubstantiated
Murphy, James Black Female, 26 Force: Hit against inanimate object 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

Martinez, Robert
Command Discipline - A

Summary

On August 22, 2002, [redacted], [redacted] and [redacted] were passengers in a car driven by [redacted]. At approximately 3:30 AM, they were pulled over at the intersection of Flatbush Avenue and Alton Place in Brooklyn by PO Robert Martinez and PO James Murphy of the 63rd Precinct because of a broken headlight. The car stop allegedly resulted in a verbal altercation between [redacted] and PO Martinez in which he cursed at [redacted] and allegedly dragged her from her vehicle (Allegations A and B). She was then allegedly hit against the back of the vehicle by both officers, and pepper sprayed by PO Murphy (Allegations D, E, and H respectively). Food she was carrying was allegedly thrown to the ground (Allegation C). PO Martinez also allegedly cursed at [redacted] and threatened to arrest her (Allegations F and G).
[redacted] Read report for details.


Details

Incident: August 22, 2002
Received: August 27, 2002
Closed: March 14, 2003

Reason for contact: Moving violation
Location: Street/highway
In NYPD 63rd Precinct Brooklyn
Outcome: Other VTL violation summons issued

Witness Officers: William Brady