Complaint #200715888,
October 26, 2007

Officer: Abear, Raymond
Complainant: Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Abear, Raymond
Complainant: White Male, 35
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Abear, Raymond
Complainant: Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Matzinger, Joseph
Complainant: Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Matzinger, Joseph
Complainant: White Male, 35
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Matzinger, Joseph
Complainant: White Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Jurs, Frank
Complainant: Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Jurs, Frank
Complainant: Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Jurs, Frank
Complainant: Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Matzinger, Joseph
Complainant: Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Matzinger, Joseph
Complainant: White Male, 35
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Abear, Raymond Male, 36 Abuse of Authority: Vehicle stop Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Abear, Raymond White Male, 35 Abuse of Authority: Search (of person) Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Abear, Raymond Male, 36 Abuse of Authority: Vehicle search Unsubstantiated
Matzinger, Joseph Male, 36 Abuse of Authority: Vehicle stop Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Matzinger, Joseph White Male, 35 Abuse of Authority: Search (of person) Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Matzinger, Joseph White Male, 35 Force: Physical force Unfounded
Jurs, Frank Male, 36 Abuse of Authority: Vehicle stop Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Jurs, Frank Male, 36 Abuse of Authority: Frisk Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Jurs, Frank Male, 36 Abuse of Authority: Search (of person) Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Matzinger, Joseph Male, 36 Abuse of Authority: Vehicle search Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Matzinger, Joseph White Male, 35 Abuse of Authority: Frisk Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated

Conclusion Meanings:

'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.


Penalties

Matzinger, Joseph
No Disciplinary Action-DUP
No penalty

Abear, Raymond
No Disciplinary Action-DUP
No penalty

Jurs, Frank
No Disciplinary Action-DUP
No penalty

Summary

On October 26, 2007, at approximately 2:40 a.m., [redacted] and [redacted] left a bar located near the intersection of 71st Avenue and Austin Street in Queens. They got into [redacted] car that was parked on the southwest corner of the intersection. Before [redacted] had turned on the car's ignition, Officer Frank Jurs, Sgt. Joseph Matzinger, and Officer Raymond Abear approached the vehicle and ordered [redacted] and [redacted] out of the car (Allegations A, B, and C). [redacted] did not get out of the car quickly enough, so Sgt. Matzinger allegedly grabbed him by the arm and pulled him out of the car (Allegation D). Then, Officer Jurs frisked and searched [redacted] (Allegations E and F) while Sgt. Matzinger frisked and searched [redacted] (Allegations G and H). After Sgt. Matzinger stopped searching [redacted] Officer Abear allegedly searched him a second time (Allegation I). Then, Sgt. Matzinger and Officer Abear allegedly searched the vehicle in which [redacted] and [redacted] had been seated (Allegations J and K). After the officers had completed their search, they left the location without issuing any summonses or affecting any arrests. Read report for details.


Details

Incident: October 26, 2007
Received: October 31, 2007
Closed: June 19, 2008

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 112th Precinct Queens
Outcome: No arrest made or summons issued