Complaint #200512992,
October 26, 2005

Officer: Fabara, Carlos
Complainant: Black Male, 23
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Substantiated (Charges)
Officer: Konoski, Eric
Complainant: Black Male, 23
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Substantiated (Charges)
Officer: Konoski, Eric
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Fabara, Carlos
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Fabara, Carlos Black Male, 23 Abuse of Authority: Question and/or stop Substantiated (Charges)
Konoski, Eric Black Male, 23 Abuse of Authority: Question and/or stop Substantiated (Charges)
Konoski, Eric Black Male, 23 Abuse of Authority: Frisk Substantiated (Charges)
Fabara, Carlos Black Male, 23 Abuse of Authority: Frisk Substantiated (Charges)

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.


Penalties

Fabara, Carlos
Command Discipline - A

Konoski, Eric
Command Discipline - A

Summary

[redacted] sent [redacted] out to the store at about 12:55 p.m. to get some milk for an infant they were caring for. He came back with the milk at 1:30 p.m. Since it only usually takes about five minutes to go to the store, [redacted] asked him what happened to him. [redacted] is certain of the time that this occurred because she is [redacted] and intended to leave for her 3:00 p.m. tour at 1:00 p.m. [redacted] told his mother that three plainclothes officers had stopped him in front of the pharmacy. He told his mother that the officers had been in the store making a purchase when they first saw him and that they stopped him as he was coming out of the store with his purchase. He said that the officers told him to put his hands against the wall and then frisked him. They told him that they arrested him a few weeks ago for possession of a gun and asked what he was doing out of jail.
After hearing her son's story, [redacted] went to the CVS to see if she could find the officers herself. Two of the officers were in a gray sedan that was sitting in the parking lot and the third one was standing next to it. All of them were in casual plainclothes. [redacted] noted that the license plate of the car was [redacted]. When [redacted] first approached the officers, the driver's side door was open and Sgt. Carlos Fabera, of the 101st Precinct, was standing five feet in front of the car. [redacted] had recognized the officers based on her son's description of them. When asked what that description was, [redacted] said that she wasn't trying to be disrespectful, but that her son had said that the sergeant had a "girly look" and that if you observed him from behind, you could easily assume that he was female.
[redacted] went up to Sgt. Fabera and asked him why her son was frisked ten minutes beforehand. Sgt. Fabera told [redacted] that he was sure that her son had been arrested for possession of a gun two weeks earlier and he was frisked because of this arrest. [redacted] stated that her son had not been arrested for... Read report for details.


Details

Incident: October 26, 2005
Received: October 28, 2005
Closed: June 8, 2006

Reason for contact: PD suspected C/V of violation/crime - street
Location: Commercial building
In NYPD 101st Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: John Florio