Complaint #200702612,
January 2, 2007

Officer: Perez, Michael
Allegation: Abuse of Authority: Vehicle search
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Perez, Michael
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Perez, Michael
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Stiuso, William
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Perez, Michael
Complainant: Hispanic Male, 23
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Perez, Michael Abuse of Authority: Vehicle search Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated
Perez, Michael Abuse of Authority: Search (of person) Unsubstantiated
Perez, Michael Abuse of Authority: Frisk Exonerated
Stiuso, William Abuse of Authority: Premises entered and/or searched Exonerated
Perez, Michael Hispanic Male, 23 Force: Gun Pointed Unfounded

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Perez, Michael
No Disciplinary Action-DUP
No penalty

Summary

On January 2, 2007, at approximately 11pm, [redacted] and his friend [redacted] were parked in front of his residence at [redacted] in Queens when he was approached by officers. [redacted] and [redacted] ran inside the residence with the officers giving chase. Officers, who were identified through this investigation as PO Michael Perez and PO Edgar Gomez, entered the building in pursuit of [redacted] Unable to locate [redacted] (Allegation A). PO Perez and PO Gomez exited the building and saw [redacted] yelling at their fellow officers from the 2nd floor apartment. [redacted] alleged that PO Perez scaled onto the 2nd floor balcony and pointed his gun at [redacted] (Allegation B) but eventually climbed back down. Two summonses were issued to the parked vehicle that [redacted] was sitting in.
On February 22, 2007, at approximately 9:15pm, [redacted] was driving along [redacted] and [redacted] in Queens when PO Perez stopped his vehicle. [redacted] alleged that PO Perez told him that the car smelled of marijuana and asked him to step out of the vehicle, which [redacted] did. [redacted] stated that PO Perez frisked him (Allegation C) and allegedly searched him (Allegation D). PO Perez told [redacted] to step to the rear of the vehicle and proceeded to search the front part of [redacted] Is vehicle (Allegation E). Nothing was recovered as a result of the frisk and search of [redacted] Is vehicle. PO Perez and the search of [redacted] issued [redacted] two summonses for moving violations. Read report for details.


Details

Incident: January 2, 2007
Received: February 23, 2007
Closed: May 2, 2008

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 110th Precinct Queens
Outcome: Other VTL violation summons issued

Witness Officers: Christophe Bramwell, Edgar Gomez, Thierry Nemorin, Vivian Velazquez