Complaint #200810343,
July 19, 2008

Officer: Garcia, Jose
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline)
Officer: Frias, Ariel
Complainant: Black Female, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Frias, Ariel
Complainant: Black Female, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Frias, Ariel
Complainant: Black Male, 30
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Frias, Ariel
Complainant: Black Female, 24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Ysabel, Jhovanny
Complainant: Black Male, 30
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Garcia, Jose
Complainant: Black Female, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Garcia, Jose Black Male, 30 Discourtesy: Word Substantiated (Command Discipline)
Frias, Ariel Black Female, 24 Discourtesy: Word Unsubstantiated
Frias, Ariel Black Female, 24 Abuse of Authority: Frisk Exonerated
Frias, Ariel Black Male, 30 Abuse of Authority: Stop Exonerated
Frias, Ariel Black Female, 24 Force: Physical force Exonerated
Ysabel, Jhovanny Black Male, 30 Abuse of Authority: Seizure of property Exonerated
Garcia, Jose Black Female, 24 Discourtesy: Word Unsubstantiated

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.
'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

Garcia, Jose
Command Discipline - B

Summary

On July 19, 2008, at approximately 1:00 AM, [redacted] her brother, [redacted] their cousins, [redacted] and [redacted]s girlfriend, [redacted] and [redacted] were sitting outside [redacted]s home located at [redacted] in Manhattan and drinking out of Styrofoam cups. PO Ariel Frias, PO Jose Garcia, and PO Jhovanny Ysabel, all of PSA5, as well as additional officers approached them (Allegation A). PO Frias told the civilians to disperse and said, "You are making the fucking block hot" (Allegation B). The civilians denied that they were drinking and began to argue with the officers. [redacted] displayed his PBA card. PO Garcia told [redacted] "That PBA card don't mean shit to me (Allegation C). You're disrespecting my fucking uniform" (Allegation D). [redacted] and [redacted] called 911 to complain about the officers. PO Frias handcuffed [redacted] and pushed her against a gate (Allegation E). PO Frias Frisked [redacted] in a way that [redacted] felt was inappropriate and sexual in nature (Allegation F). [redacted] told PO Frias that he was not allowed to frisk her, and PO Garcia said, "He's going to be fucking pat-frisking you today" (Allegation C). PO Ysabel confiscated [redacted]s PBA card and told him that he could not get it back until the officer that issued it to him came to retrieve it (Allegation G). [redacted] and [redacted] were arrested, and [redacted] was issued a summons for [redacted] Sgt Lauren Dong of PSA5 arrived at the scene and spoke with PO Frias and [redacted] Sgt/ Dong returned [redacted]s PBA card to him. Read report for details.


Details

Incident: July 19, 2008
Closed: September 2, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 28th Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: Lauren Dong, Gloria Felder, Kamaal Spence, Nelly Vazquez, Victor Velez