Complaint #200615874,
October 14, 2006

Officer: Polesovsky, Stephen
Complainant: Black Male, 57
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Discipline)
Officer: Polesovsky, Stephen
Complainant: Black Male, 57
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Franjul, Gipsi
Complainant: Black Male, 57
Allegation: Abuse of Authority: Retaliatory summons
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Polesovsky, Stephen Black Male, 57 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline)
Polesovsky, Stephen Black Male, 57 Abuse of Authority: Threat of arrest Unsubstantiated
Franjul, Gipsi Black Male, 57 Abuse of Authority: Retaliatory summons Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated

Conclusion Meanings:

'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.


Penalties

Polesovsky, Stephen
Instructions

Franjul, Gipsi
Instructions

Summary

On October 14, 2006, [redacted] the pastor of the Abyssinian Baptist Church in Harlem, parked his vehicle in a bus stop at West 137th Street and Lenox Avenue in Manhattan, while he entered a restaurant and ordered food for his granddaughter. Shortly after [redacted] exited his vehicle, Police Officer Gipsi Zorrilla approached [redacted] s vehicle and told his wife, who was seated in the passenger seat, that she needed to move the car out of the bus stop. Mrs. [redacted] exited the vehicle and alerted her husband to move the car. [redacted] quickly exited the restaurant and said to Officer Zorrilla in what he described as a "light manner," "Hey, you guys didn't even give me time to pay for my food." Officer Zorrilla and her partner, Police Officer Stephen Polesovsky, both stated that [redacted] immediately spoke to Officer Zorrilla in a "nasty" voice. [redacted] moved his vehicle into a parking space that he claimed was outside of the bus stop but that Officers Zorrilla and Polesovsky testified at the CCRB was still within the bus stop. Officer Zorrilla approached the vehicle and started to write [redacted] a summons for parking in a bus stop (allegation A). When [redacted] asked why he was receiving the summons after moving his vehicle, Officer Polesovsky told [redacted] that the summons was due to his "attitude." Officer Polesovsky acknowledged making this comment, while Officer Zorrilla and two witness officers, Police Officers Bianca Guerrido and Allison Ross, denied hearing Officer Polesovsky make such a comment. [redacted] protested the comment and asked for Officer Polesovsky's name. According to [redacted] Officer Polesovsky turned around and walked away from [redacted] without providing this information (allegation B). [redacted] followed Officer Polesovsky and demanded that he provide this information. Officer Polesovsky acknowledged that [redacted] asked him for his shield number multiple times but claimed that he provided this information at least two times by pointing at his shield and saying, "It's... Read report for details.


Details

Incident: October 14, 2006
Received: November 24, 2006
Closed: September 4, 2007

Reason for contact: Parking violation
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: Parking summons issued

Witness Officers: Bianca Guerrido, Allison Ross