Complaint #200409116,
September 15, 2004

Officer: Duernberger, Donald
Complainant: Black Male, 34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Lopuzzo, Michael
Complainant: Black Male, 34
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Lopuzzo, Michael
Complainant: Black Male, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Duernberger, Donald
Complainant: Black Male, 34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Lopuzzo, Michael
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Lopuzzo, Michael
Complainant: Black Male, 26
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Hull, Daniel
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Lopuzzo, Michael
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Duernberger, Donald Black Male, 34 Abuse of Authority: Search (of person) Unsubstantiated
Lopuzzo, Michael Black Male, 34 Abuse of Authority: Question and/or stop Exonerated
Lopuzzo, Michael Black Male, 34 Abuse of Authority: Vehicle search Unsubstantiated
Duernberger, Donald Black Male, 34 Abuse of Authority: Frisk Exonerated
Lopuzzo, Michael Black Male, 26 Abuse of Authority: Frisk Exonerated
Lopuzzo, Michael Black Male, 26 Abuse of Authority: Search (of person) Unsubstantiated
Hull, Daniel Abuse of Authority: Gun Drawn Unsubstantiated
Lopuzzo, Michael Abuse of Authority: Gun Drawn Unsubstantiated

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.
'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

He stated that on September 15, 2004 at around 9:30 p.m., he was in his four-door 1999 Black Lincoln Continental, which has 30% tinted windows and is in mint condition. He was wearing a white T-shirt, blue jeans, Timberland boots, and had nothing on his head. [redacted] stated that the weather was "nice" and clear and that he was in a residential, "drug related" area that was "not really" well lit. [redacted] had been working in the area and had just finished working. His friend and business associate [redacted] had been working, so [redacted] called him. [redacted] parked his car in front of a hydrant two houses down from where [redacted] lives (on [redacted] street. [redacted] joined [redacted] in the parked car, where they remained for about 20 minutes.
[redacted] was in the front passenger seat, leaning on the door, while [redacted] was in the driver's seat. They were discussing business, and [redacted] stated that they had no physical contact with one another while they were in the car. [redacted]'s window was halfway up. [redacted] noticed a "detective car" drive by, closest to the driver's side of his car. [redacted] told [redacted] "'[redacted], those is DTs. They gonna pull us out of the car.'"
About 4-5 minutes later, the same "detective car" came around and drove down the block the same way and parked directly behind [redacted]'s car. There were three officers inside the car: "Det. Hall" (who later provided his name to [redacted] was the driver of the car. He was a white male who was between 6'1" and 6'2" and between 245-250 lbs. He was wearing plainclothes, was bald with glasses and had a 5 o'clock shadow. (He was identified through the course of the investigation as PO Daniel Hull.) PO1 was a white or Hispanic male who was between 245-250 lbs. with a black/gray (salt and pepper) beard and wearing plainclothes and a hat. PO1 was "older" (in late 40s) and had been in the front passenger seat. (PO1 was identified through the course of the investigation as Sgt. Michael LoPuzzo.) PO2 was a white male... Read report for details.


Details

Incident: September 15, 2004
Received: September 16, 2004
Closed: June 16, 2005

Reason for contact: Other
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Steven Glassman