Complaint #200704280,
March 27, 2007

Officer: Martinez, Robert
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Martinez, Robert
Complainant: Black Male, 23
Allegation: Abuse of Authority: Question and/or stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Cane, Terrence
Complainant: Black Male, 23
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Cane, Terrence
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Martinez, Robert
Complainant: Black Male, 23
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Cane, Terrence
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Martinez, Robert
Complainant: Black Male, 23
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Martinez, Robert Black Male, 23 Force: Physical force Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated
Martinez, Robert Black Male, 23 Abuse of Authority: Question and/or stop Exonerated
CCRB Investigator Recommendation: Substantiated
Cane, Terrence Black Male, 23 Abuse of Authority: Search (of person) Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Cane, Terrence Black Male, 23 Force: Physical force Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated
Martinez, Robert Black Male, 23 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Cane, Terrence Black Male, 23 Abuse of Authority: Frisk Substantiated (Charges)
Martinez, Robert Black Male, 23 Abuse of Authority: Question 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Cane, Terrence
No Disciplinary Action-DUP
No penalty

Martinez, Robert
No Disciplinary Action-DUP
No penalty

Summary

[redacted] is a [redacted]-old black male, 6'1", 150 pounds, with black hair and brown eyes. [redacted] owns and resides in a private home at [redacted] Three families currently reside in the house. There is a set of exterior stairs leading directly downstairs from the driveway to the basement laundry room. [redacted] occupies the basement. On March 27, 2007, around 11:00pm, in the vicinity of [redacted] was taking the garbage out to the curb. He was wearing a sweater and denim shorts that went down to the knee.
He was standing in the driveway when he saw an unmarked, grey sedan (possibly a Chevrolet or Chrysler) drive by slowly. He saw the officers looking at him. [redacted] believed, but was not sure, that the officers saw him see their car and react. [redacted] suspected that the police were going to stop him, since he has been stopped and frisked on the street before without cause, so he turned around and slowly headed toward the backyard to turn off the light and go upstairs.
As [redacted] began slowly walking toward the back of the house, PO1 and PO2 approached him on foot and asked what he was doing there. [redacted] provided PO1's name to the CCRB as PO Martinez, and the investigation later determined PO2 to be PO Cane. [redacted] stated without stopping that he lived there. An officer said, "Stop or I'll put a fucking bullet in your head." [redacted] was not sure which officer said that, though the investigation later determined it was PO Martinez. They asked him for ID and he said that he did not have any on him. The officers asked where he was going and told him to stop. At no point did the officers tell him why he was being stopped.
[redacted] turned the corner around the house and went down the stairs toward the laundry room. He shouted "Ma, ma!" in order to alert the attention of his mother, [redacted] who was inside the house. PO Martinez and PO Cane followed him down the stairs and caught up with him. At that point, [redacted] had his keys out and was slowly trying to open the door to the... Read report for details.


Details

Incident: March 27, 2007
Closed: December 28, 2007

Reason for contact: PD suspected C/V of violation/crime - street
Location: Apartment/house
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued