Complaint #200409169,
September 16, 2004

Officer: Melendez, Roberto
Complainant: Black Male, 28
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Melendez, Roberto
Complainant: Black Male, 24
Allegation: Abuse of Authority: Vehicle search
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Melendez, Roberto
Complainant: Black Male, 28
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Substantiated (Charges)
Officer: Melendez, Roberto
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Alleged Victim Unavailable
Officer: Melendez, Roberto
Complainant: Black Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Melendez, Roberto Black Male, 28 Abuse of Authority: Frisk Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Melendez, Roberto Black Male, 24 Abuse of Authority: Vehicle search Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Melendez, Roberto Black Male, 28 Abuse of Authority: Question and/or stop Substantiated (Charges)
Melendez, Roberto Abuse of Authority: Question and/or stop Alleged Victim Unavailable
Melendez, Roberto Black Male, 24 Abuse of Authority: Search (of person) Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Melendez, Roberto
No Disciplinary Action-DUP
No penalty

Summary

[redacted] stated that on September 16, at approximately 4:30 PM, he was standing outside near the corner of Wortman Avenue and Van siclen Avenue talking to his wife on his cell phone. [redacted] was wearing gray sweatpants and a basketball jersey. [redacted] friend, [redacted] lives at [redacted] and had just picked up a box of school supplies for his children from [redacted] apartment.
[redacted] car was parked outside of [redacted] and he had just placed the box in his trunk, opened the car doors for [redacted] who was wearing green sweatpants, and [redacted] a friend of [redacted] and started up the car when his phone rang. [redacted] stepped about twenty feet away from his green Cadillac, to speak to his wife. While he was on the phone, [redacted] saw PO Depalo and another officer, later identified as Sgt. Melendez, drive past. The officers looked at [redacted] and drove around the block making a left; they then returned to where [redacted] was.
[redacted] and [redacted] were sitting in the back of [redacted] car because he was planning on driving them to McDonalds. PO Depalo was driving the vehicle, a green car, and pulled over by the parking area. Sgt. Melendez exited the passenger side and approached [redacted] PO Depalo remained in the vehicle. Sgt. Melendez, who was not present for [redacted] previous encounter with the police, told [redacted] that they did not want any problems like last time and that they were not trying to give him a hard time. [redacted] responded that since Sgt. Melendez was not even there for the incident, PO Depalo must have told him what happened and that the officers were giving him a hard time by harassing him.
Sgt. Melendez asked [redacted] if he could search him and if he had any weapons on him. [redacted] said, "Don't touch me. I've got on sweatpants. Does it look like I've got anything on me in these sweatpants," and lifted up his shirt so that Sgt. Melendez could see. Sgt. Melendez still tried to frisk [redacted] again instructed the officer not to touch him, saying... Read report for details.


Details

Incident: September 16, 2004
Received: September 17, 2004
Closed: December 19, 2005

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Brian Depalo, Michael Lennihan, Rafael Vega