Complaint #200309391,
November 24, 2003

Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Jones, Robert
Complainant: Hispanic Female, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Nunez, Fabio
Complainant: Hispanic Male, 15
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Gun as club
CCRB Conclusion: Unfounded
Officer: Vidal, Luis
Complainant: Hispanic Male, 19
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Fabio
Complainant: Hispanic Male, 15
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 18-20 Force: Gun Pointed Exonerated
Jones, Robert Hispanic Female, 35 Discourtesy: Word Unfounded
Nunez, Fabio Hispanic Male, 15 Abuse of Authority: Frisk and/or search Unsubstantiated
Unknown Officer Hispanic Male, 18-20 Force: Gun as club Unfounded
Vidal, Luis Hispanic Male, 19 Force: Physical force Unsubstantiated
Nunez, Fabio Hispanic Male, 15 Abuse of Authority: Question and/or stop Unsubstantiated
Unknown Officer Hispanic Male, 15-17 Force: Physical force 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.
'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

At 8:30 PM on November 24, 2003, [redacted] sent her son, [redacted] to pick up food from the [redacted] on [redacted] and [redacted] in Manhattan. Half an hour later, a friend of her son named [redacted] (last name unknown to [redacted] identified by investigation as [redacted] knocked on [redacted]s door and told her that her son had been arrested. [redacted] called a taxi and went to the 34th Precinct stationhouse with her boyfriend, [redacted] and her neighbor, [redacted] When they arrived, [redacted] was standing in front of the desk, handcuffed, speaking with the desk sergeant, identified by investigation as Sergeant Robert Jones. [redacted] asked what her son had done and why he had been arrested in a tone that she described during her interview as "hysterical." Sergeant Jones replied, "Have a fucking seat." "But why is he here?" [redacted] asked. "He's only [redacted] "Have a seat and shut up," answered Sergeant Jones. "If not, I'm going to have you kicked out of the precinct." [redacted] stated, "This is a public place," and Sergeant Jones responded, "No, it's not." He told [redacted] that if she did not leave, he would arrest her, and she departed.
The next day, [redacted], and [redacted] went to Rite Aid on [redacted] and [redacted] some time between 7:00 and 7:30 PM. [redacted] completed his shopping, left the articles that he had purchased with [redacted] and headed home. Five minutes later, he called [redacted] on her cellular phone and informed her that he had been stopped between [redacted] and [redacted] on [redacted] by the same officer who had arrested him the night before. Read report for details.


Details

Incident: November 24, 2003
Received: November 25, 2003
Closed: November 23, 2004

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Luis Garciaortiz, Harvin Hart, Jessica Riveracaicedo, Erik Rodriguez, Jesse Taylor