Complaint #200703264,
March 2, 2007

Officer: Hernandez, Erik
Complainant: Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Erik
Complainant: Male, 39
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Torres, Arnold
Complainant: Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Mchugh, Michael
Complainant: Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Nestler, Michael
Complainant: Male, 39
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Hernandez, Erik Male, 39 Discourtesy: Word Unsubstantiated
Hernandez, Erik Male, 39 Discourtesy: Action Unsubstantiated
Torres, Arnold Male, 39 Discourtesy: Word Unsubstantiated
Mchugh, Michael Male, 39 Discourtesy: Word Unsubstantiated
Nestler, Michael Male, 39 Abuse of Authority: Frisk 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 March 2, 2007, at approximately 10:30pm, [redacted] drove [redacted] to his apartment located at [redacted] in the Bronx and waited in his car for him to return. After a few minutes, [redacted] thought that [redacted] was taking a long time so he drove around the area to look for him. When [redacted] located [redacted] On [redacted] and [redacted] in the Bronx, [redacted] informed him that he was robbed at knifepoint by two teenagers who stole his cell phone. [redacted] and [redacted] drove around the area and located the teenagers on [redacted] and [redacted] approached the teenagers and accused them of stealing [redacted] cell phone, which they denied. [redacted] searched the two teenagers' pockets and felt a cell phone on one of the teenagers' pockets and assumed it was [redacted].
[redacted] shouted for someone to call 911. However, during his IAB statement, [redacted] indicated that he placed the call to 911.
Five minutes later, four marked patrol cars which contained several uniformed and plainclothes officers arrived on the scene. However, the perpetrator who allegedly robbed [redacted] had left the scene. PO Michael Nestler, who was dressed in uniform was described as a Hispanic male, approximately 6 feet tall and Sgt. John Gazzola, who was dressed in uniform, was described as a large Hispanic male, immediately frisked one of the teenagers who was allegedly involved in the robbery and another teenager who happened to be standing in the vicinity. [redacted] told PO Nestler and Sgt. Gazzola that one of the individuals being frisked was innocent. Sgt. Gazzola instructed [redacted] to stay back. The officers allowed the two teenagers to leave the scene as additional officers, who were subsequently identified as PO Michael McHugh and Lt. Erick Hernandez, who was dressed in uniform, responded to the scene. PO McHugh, who was dressed in plainclothes, was described as a white male, approximately 6 feet 1 inch tall. PO McHugh took [redacted] identification and returned to his vehicle. When PO McHugh... Read report for details.


Details

Incident: March 2, 2007
Received: March 8, 2007
Closed: May 2, 2008

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Tracy Day, James Flannery, Tyrone Furby, John Gazzola