Complaint #200702457,
February 20, 2007

Officer: Warshefskie, Robert
Complainant: Black Male, 23
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Unsubstantiated
Officer: Warshefskie, Robert
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Warshefskie, Robert
Complainant: Black Male, 23
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Mcgraw, Jerome
Complainant: Black Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Mcgraw, Jerome
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Warshefskie, Robert
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Mcgraw, Jerome
Complainant: Black Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Sepulveda, Manuel
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Pedro, James
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Nieves, Jessica
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Warshefskie, Robert Black Male, 23 Abuse of Authority: Question and/or stop Unsubstantiated
Warshefskie, Robert Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Warshefskie, Robert Black Male, 23 Abuse of Authority: Search (of person) Unsubstantiated
Mcgraw, Jerome Black Male, 36 Abuse of Authority: Search (of person) Unsubstantiated
Mcgraw, Jerome Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Warshefskie, Robert Black Male, 23 Abuse of Authority: Frisk Unsubstantiated
Mcgraw, Jerome Black Male, 36 Abuse of Authority: Frisk Exonerated
Sepulveda, Manuel Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Pedro, James Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Nieves, Jessica Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Unknown Officer Black Male, 21-24 Discourtesy: Word Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 February 20, 2007, at 9:40 PM, [redacted] and his roommate, [redacted] were walking on Bay Street near the intersection with Water Street in Staten Island. Five officers, identified during the investigation as Sergeant Robert Warshefskie, Officer Jerome McGraw, Officer Manuel Sepulveda, Officer James Pedro, and Officer Jessica Nieves, exited an unmarked blue van and walked towards [redacted] and [redacted] Sergeant Warshefskie, Officer Nieves, and Officer Pedro approached [redacted] while Officer McGraw and Officer Sepulveda approached [redacted] (allegation A). [redacted] asked Sergeant Warshefskie, Officer Pedro, and Officer Nieves for identification information and Sergeant Warshefskie told [redacted] that they did not need to provide that information (allegations B, C, and D). Sergeant Warshefskie frisked [redacted] (allegation E) and then searched his jacket and pants pockets and removed [redacted]'s wallet (allegation F). [redacted] asked Officer McGraw and Officer Sepulveda for their names and shield numbers and they did not reply to the question (allegations G and H). Officer McGraw unzipped [redacted]'s jacket and frisked his upper body and then searched his jacket and pants pockets (allegations I and J), removing [redacted]'s wallet from his pants pockets and looking through the wallet. After [redacted] asked the officers if they were stopping him because he fit a description, an unidentified officer said, "Are you trying to be a smart ass?" (allegation K) Sergeant Warshefskie did not prepare a stop and frisk report in regards to stopping [redacted] (allegation L). Read report for details.


Details

Incident: February 20, 2007
Closed: January 11, 2008

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 120th Precinct Staten Island
Outcome: No arrest made or summons issued

Witness Officers: Richard Ortiz