Complaint #200701549,
January 29, 2007

Officer: Pekera, Gregory
Complainant: White Male, 26
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: Command Discipline - A
Officer: Pekera, Gregory
Complainant: White Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Pekera, Gregory
Complainant: White Male, 26
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Pekera, Gregory
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Pekera, Gregory
Complainant: Black Male, 42
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Pekera, Gregory
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Maric, Miroslav
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Maric, Miroslav
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Maric, Miroslav
Complainant: Black Male, 42
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Pekera, Gregory White Male, 26 Abuse of Authority: Search (of person) Substantiated (Charges)
NYPD Disposition: Command Discipline - A
Pekera, Gregory White Male, 26 Abuse of Authority: Frisk Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Pekera, Gregory White Male, 26 Abuse of Authority: Property damaged Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Pekera, Gregory Black Male, 42 Abuse of Authority: Vehicle search Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Pekera, Gregory Black Male, 42 Discourtesy: Word Unsubstantiated
Pekera, Gregory Black Male, 42 Abuse of Authority: Vehicle stop Unsubstantiated
Maric, Miroslav Abuse of Authority: Other Unsubstantiated
Maric, Miroslav Black Male, 42 Abuse of Authority: Frisk Substantiated (Charges)
Maric, Miroslav Black Male, 42 Abuse of Authority: Search (of person) Unsubstantiated

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.


Penalty

Maric, Miroslav
No Disciplinary Action-DUP
No penalty

Summary

On January 29, 2007 at approximately 12:10am, [redacted] was driving with two friends, [redacted] and [redacted] when Sgt. Gregory Pekera of the Manhattan North Auto Larceny Division pulled him over for allegedly failing to signal when changing lanes [Allegation A]. The stop occurred at the intersection of Amsterdam Avenue and W. 177th Street in Manhattan. After determining to stop the vehicle, Sgt. Pekera witnessed [redacted] lean forward in his seat, and this action caused him to suspect that [redacted] was hiding a weapon. (Sgt. Pekera's partner, PO Miroslav Maric, claimed to have witnessed [redacted] make furtive movements as well, but he described them as [redacted] reaching toward his waist area, and stated he did not make this observation until he had approached the passenger side of the car). Sgt. Pekera and PO Miroslav Maric, approached the vehicle and began questioning the occupants. As they were doing so, Sgt. Pekera and PO Maric allegedly smelled marijuana coming from the interior of the vehicle. Sgt. Pekera asked [redacted] if he had any drugs in the vehicle, and allegedly stated, "I mean it, even a fucking bag of weed" [Allegation B]. After [redacted] denied he had been smoking, Sgt. Pekera instructed him to exit the vehicle, and after he had done so, Sgt. Pekera frisked [Allegation C] and searched [Allegation D] [redacted] PO Maric then instructed [redacted] to exit the vehicle, as well. When [redacted] refused, PO Maric told him, "Don't let your friend here lose his job," indicating to [redacted] [Allegation E]. When [redacted] exited the car, PO Maric frisked and allegedly searched him [Allegations F and G]. Sgt. Pekera asked [redacted] to exit the vehicle, and as [redacted] was doing so, he told Sgt. Pekera [redacted] To this, Sgt. Pekera allegedly replied, "We're not on the same job, you're a fucking [redacted] [Allegation B, cont.]. Sgt. Pekera frisked and searched [redacted] [Allegations C and D, cont.], calling him a "fucking [redacted] repeatedly as he did so. After all three males had... Read report for details.


Details

Incident: January 29, 2007
Received: February 1, 2007
Closed: July 2, 2007

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: No arrest made or summons issued