Complaint #200616486,
December 4, 2006

Officer: Gomez, Cesar
Complainant: Hispanic Male, 19
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Cesar
Complainant: Hispanic Male, 19
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Cesar
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Gomez, Cesar Hispanic Male, 19 Force: Physical force Unsubstantiated
Gomez, Cesar Hispanic Male, 19 Discourtesy: Action Unsubstantiated
Gomez, Cesar Hispanic Male, 19 Abuse of Authority: Vehicle stop Exonerated

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

On December 4, 2006, at approximately 7:45PM, [redacted] and his brother, [redacted] were on there way home from work. [redacted] drove his 1992 or1995 blue, hatchback, Honda Civic, and the muffler was making a loud noise. [redacted] and [redacted] were at a stop sign on [redacted] Street in the Bronx when three to four officers pulled them over. PO1 (identified as PO Cesar Gomez and described as 5'7", slim, Hispanic male with curly hair that appeared to be in his mid-twenties) approached their vehicle, asked for [redacted] license and registration. He told [redacted] that his muffler was loud and asked him about why the license plate was not on the back of his car. [redacted] stated that there was a sheet with the plate number in the rear window. PO Gomez then told [redacted] to pull over to the curb since he was in the middle of the street.
PO2 (identified through the investigation as PO John Souhrada) and PO Gomez then approached [redacted] on the passenger side of the vehicle and asked him for ID. [redacted] handed PO Souhrada his school ID, and then PO Souhrada walked about eight feet away from the vehicle to PO Gomez. PO Gomez said to PO Souhrada, "We have another one [redacted] PO Souhrada replied to PO Gomez, "I don't give a fuck where he goes." [redacted] overheard their conversation; he told them that what they were saying was not right. PO Gomez flung [redacted] s ID in his face and asked him for another ID. [redacted] angrily confronted PO Gomez about the way he returned his ID card to him, saying that PO Gomez should have returned his ID in the same manner that it was given.
PO Gomez told [redacted] once to get out of the vehicle. Without argument, [redacted] immediately exited the vehicle. Once out of the vehicle, PO Gomez pushed [redacted] on his chest with one hand and put his fingers in [redacted] face, remarking, "What are you going to do about it?" [redacted] shrugged PO Gomez's hand with his upper abdomen and told PO Gomez not to touch him. PO Gomez continued to push [redacted] a couple... Read report for details.


Details

Incident: December 4, 2006
Received: December 11, 2006
Closed: November 28, 2007

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Arrest - disorderly conduct

Witness Officers: George Ramirez, John Souhrada, Laurine Williams