Complaint #200615038,
November 11, 2006

Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Schultz, Timothy
Complainant: Black Male, 36
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Schultz, Timothy
Complainant: Black Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Schultz, Timothy
Complainant: Black Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Schultz, Timothy
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Schultz, Timothy
Complainant: Black Male, 36
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Charges)
Officer: Schultz, Timothy
Complainant: Black Male, 31
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Charges)
Officer: Schultz, Timothy
Complainant: Black Male, 31
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Charges)
Officer: Schultz, Timothy
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Schultz, Timothy
Complainant: Black Male, 36
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Caballero, Justin
Complainant: Black Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Caballero, Justin
Complainant: Black Male, 31
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Charges)
Officer: Caballero, Justin
Complainant: Black Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Caballero, Justin
Complainant: Black Male, 36
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Substantiated (Charges)
Officer: Schultz, Timothy
Complainant: Black Male, 36
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 35-39 Force: Physical force Officer(s) Unidentified
Schultz, Timothy Black Male, 36 Force: Gun Pointed Unsubstantiated
Schultz, Timothy Black Male, 36 Force: Physical force Unsubstantiated
Schultz, Timothy Black Male, 36 Abuse of Authority: Vehicle stop Unsubstantiated
Schultz, Timothy Black Male, 31 Force: Physical force Substantiated (Charges)
Schultz, Timothy Black Male, 36 Abuse of Authority: Strip-searched Substantiated (Charges)
Schultz, Timothy Black Male, 31 Abuse of Authority: Refusal to provide name/shield number Substantiated (Charges)
Schultz, Timothy Black Male, 31 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Charges)
Schultz, Timothy Black Male, 31 Discourtesy: Word Substantiated (Charges)
Schultz, Timothy Black Male, 36 Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Caballero, Justin Black Male, 36 Force: Physical force Unsubstantiated
Caballero, Justin Black Male, 31 Abuse of Authority: Refusal to provide name/shield number Substantiated (Charges)
Caballero, Justin Black Male, 36 Abuse of Authority: Vehicle search Unsubstantiated
Caballero, Justin Black Male, 36 Force: Other blunt instrument as a club Substantiated (Charges)
Schultz, Timothy Black Male, 36 Force: Pepper spray Substantiated (Charges)
Unknown Officer Black Male, 35-39 Force: Other blunt instrument as a club Officer(s) Unidentified
Unknown Officer Black Male, 35-39 Abuse of Authority: Strip-searched Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Abuse of Authority: Refusal to provide name/shield number Alleged Victim Uncooperative

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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

On November 11, 2006, at approximately 12:30 a.m., [redacted] was driving his Nissan Maxima on Decatur Street in Brooklyn when PO Justin Caballero and PO Timothy Schultz pulled him over under suspicion of marijuana and reckless driving (allegation A). He alleged that PO Schultz pointed his gun at him and ordered him out of the vehicle (allegation B). PO Caballero then searched [redacted] vehicle (allegation C). [redacted] alleged that PO Schultz forcefully pulled him out of the vehicle, then threw him against the trunk of his car (allegation D). [redacted] was brought to the rear of his Maxima at which point he alleged that PO Schultz and another officer hit him on the back of the head with the butts of their guns and with batons (allegations E, F, and G). He alleged that an officer also kicked him in the mouth and that he was pepper-sprayed (allegations D, H, and I). [redacted] also alleged that when he approached the officers on [redacted] behalf, PO Schultz told him to "Get the fuck out of here," pushed him, and threatened to pepper-spray him (allegations J, K, and L). [redacted] alleged the officers frisked [redacted] and that he asked the officers for their shield numbers, to which an officer responded sarcastically, "Come and get it" (allegations M, N, and O). The officers then drove away and [redacted] called 911. [redacted] was arrested for grand larceny, reckless endangerment in the second degree, resisting arrest, and criminal possession of marijuana. He alleged that an officer slapped him in the car on the way to the precinct (allegation P). He alleged that at the precinct, he was told to take off all of his clothes, including his underwear (allegations Q and R). [redacted] sustained a laceration to the back of his head for which he was treated at [redacted]. He received seven staples for his injuries. Read report for details.


Details

Incident: November 11, 2006
Closed: February 4, 2008

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Carmine Cenatiempo, Hatice Dirlik, Martin Gimenez, James Rivera