Complaint #200807260,
May 10, 2008

Officer: Altieri, Frank
Complainant: Hispanic Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Altieri, Frank
Complainant: Hispanic Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Ortiz, Frederic
Complainant: Hispanic Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Ortiz, Frederic
Complainant: Hispanic Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Altieri, Frank Hispanic Male Abuse of Authority: Search (of person) Exonerated
Altieri, Frank Hispanic Male Abuse of Authority: Stop Exonerated
Ortiz, Frederic Hispanic Male Abuse of Authority: Search (of person) Exonerated
Ortiz, Frederic Hispanic Male Abuse of Authority: Stop 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.

Further details on conclusions.


Summary

On May 10, 2008, at 1:30 PM, [redacted] attended a doctor's appointment at [redacted] was in Manhattan. Following his appointment at approximately 3:00 PM, [redacted] walking on West 41st Street toward 10th Avenue. As he walked, [redacted] saw four to five black males standing against a building underneath scaffolding. [redacted] did not know the males. Through investigation, three of these males were identified as [redacted] and [redacted]. It was also determined that the males were standing in front of 450 West 41st Street in Manhattan. [redacted] stated that he was approximately three meters away from the males when he first noticed them.
As [redacted] walked past the males, [redacted] did not say anything to them, they did not say anything to him, and [redacted] did not pause or stop walking. The males were talking amongst themselves at a loud volume, but [redacted] did not pay attention to what they were saying. [redacted] did not come into physical contact with the males, exchange any objects with them, or interact with them in any way.
When [redacted] was almost past the males, an unidentified police officer grabbed [redacted]'s right arm from behind and pulled it behind [redacted]'s back. At the time, [redacted] did not know that the person who had grabbed him was a police officer. Due to the force of being grabbed, [redacted] fell onto his right knee and then facedown onto the ground. As he fell, [redacted] dropped the plastic bag that he was holding and his hat fell off. While [redacted] was lying on the ground, two people were standing above him. [redacted] looked up and saw a silver shield. At that moment, [redacted] realized that the person who had grabbed him was a police officer; however, [redacted] could not see the officers' faces at that point. [redacted] was handcuffed while he was facedown on the ground and his back jean pockets were searched. [redacted] had his wallet in his right back pocket and a comb and napkins in his left back pocket. [redacted] stated that the officers reached into... Read report for details.


Details

Incident: May 10, 2008
Received: May 21, 2008
Closed: September 28, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 10th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Joseph King, Ernest Lungaro