Complaint #200301026,
February 3, 2003

Officer: Vargas, Edwin
Complainant: Hispanic Male, 20
Allegation: Offensive Language: Race
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Vargas, Edwin
Complainant: Hispanic Male, 20
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unfounded
Officer: Vargas, Edwin
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Vargas, Edwin
Complainant: Hispanic Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Schmidt, Christopher
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Vargas, Edwin
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer: Schmidt, Christopher
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Vargas, Edwin Hispanic Male, 20 Offensive Language: Race Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Vargas, Edwin Hispanic Male, 20 Force: Handcuffs too tight Unfounded
Vargas, Edwin Hispanic Male, 20 Abuse of Authority: Question and/or stop Exonerated
Vargas, Edwin Hispanic Male, 20 Discourtesy: Word Unfounded
Schmidt, Christopher Hispanic Male, 20 Abuse of Authority: Question and/or stop Exonerated
Vargas, Edwin Hispanic Male, 20 Abuse of Authority: Other Exonerated
Schmidt, Christopher Hispanic Male, 20 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.

Further details on conclusions.


Summary

On February 3, 2003, at approximately 12:00 PM, [redacted] was on his way back to Harrison Avenue in the Bronx after [redacted] He was walking toward the subway. As he reached the corner of 135th Street and Willis Avenue, in the confines of the 40th Precinct, an unmarked dark-colored Ford sedan pulled up beside him. Two police officers in plain clothes stepped out of the vehicle. They were later identified as PO Edwin Vargas and Sgt. Christopher Schmidt of the 40th Precinct. [redacted] recognized that they were police officers because their guns were clearly visible, holstered at their sides, and one of them was holding a radio. They asked [redacted] where he was coming from (allegations A and B). [redacted] started to reach into his pocket for a letter that he had from the center regarding the GED, and PO Vargas told him not to put his hands in his pockets when he spoke to them.
PO Vargas was holding a paper in his hand, and he asked Sgt. Schmidt, "Does he look like him?" PO Vargas was the more active of the two officers. Sgt. Schmidt responded with words to the effect of, "Let's investigate it." PO Vargas immediately handcuffed [redacted] with no further discussion. PO Vargas frisked [redacted] and Sgt. Schmidt searched him, putting his hand inside [redacted] jacket pocket. [redacted] was placed in the back of the vehicle. On the way to the precinct he asked the officers several times what was going on, and they told him that they would explain when they got to the precinct. Although [redacted] was able to determine why he had been taken in, the officers never did give him an explanation.
[redacted] was detained at the 40th Precinct (allegations C and D). First he was brought to the front desk, where officers took his pedigree information. The contents of his pockets were examined. He did have a wallet on him, the same wallet that he produced at his CCRB interview, which contains multiple picture IDs, including a [redacted] ID card, social security card, and [redacted]. While he stood before the desk, he... Read report for details.


Details

Incident: February 3, 2003
Received: February 10, 2003
Closed: August 13, 2003
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued