Complaint #200813926,
September 24, 2008

Officer: Guimaraes, Fernando
Complainant: Asian Male, 43
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Luis
Complainant: Asian Male, 43
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Guimaraes, Fernando
Complainant: Asian Male, 43
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Luis
Complainant: Asian Male, 43
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unfounded
Officer: Guimaraes, Fernando
Complainant: Asian Male, 43
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Luis
Complainant: Asian Male, 43
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Guimaraes, Fernando
Complainant: Asian Male, 43
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Luis
Complainant: Asian Male, 43
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Guimaraes, Fernando Asian Male, 43 Abuse of Authority: Vehicle stop Unsubstantiated
Ortiz, Luis Asian Male, 43 Force: Physical force Unsubstantiated
Guimaraes, Fernando Asian Male, 43 Abuse of Authority: Vehicle search Unsubstantiated
Ortiz, Luis Asian Male, 43 Abuse of Authority: Search (of person) Unfounded
Guimaraes, Fernando Asian Male, 43 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Ortiz, Luis Asian Male, 43 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Guimaraes, Fernando Asian Male, 43 Abuse of Authority: Threat of arrest Unsubstantiated
Ortiz, Luis Asian Male, 43 Abuse of Authority: Frisk Unsubstantiated

Conclusion Meanings:

'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.


Summary

On September 24, 2008 at approximately 3:25 PM, [redacted] and [redacted] left [redacted]s residence at [redacted] in the Bronx and got in [redacted]s car. They began driving towards a clinic so that [redacted] could pick up some medication. Near the intersection of East 172nd Street and Morrison Avenue, they were pulled over by an unmarked vehicle with flashing lights (Allegation A). Three plainclothes officers, who were identified as PO Luis Ortiz, Lt. Fernando Guimaraes and PO Felix Delcarpio exited and approached [redacted]s car. PO Ortiz and Lt. Guimaraes approached the driver side and PO Delcarpio approached the passenger side. PO Ortiz told [redacted] that his brake light was not working and told him to step out. [redacted] complied. PO Ortiz then frisked and searched [redacted] by the back of the vehicle (Allegations B and C). During this time, Lt. Guimaraes went inside the car and searched the driver side (Allegation D). At some point, [redacted] saw that [redacted] had also stepped out and had given his identification to PO Delcarpio. [redacted] requested names and badge numbers from both PO Ortiz and Lt. Guimaraes. Both officers refused to provide this information (Allegations E and F). The officers ordered [redacted] to get back in his vehicle and PO Ortiz pushed [redacted] in his back (Allegation G). Lt. Guimaraes then dangled a pair of handcuffs and told [redacted] that if he did not get back to his vehicle and stop requesting the officers' information, then he would be arrested (Allegation H).
[redacted] Read report for details.


Details

Incident: September 24, 2008
Closed: August 18, 2009

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 43rd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Nathaniel Anthony, Ronald Deguisto, Felix Delcarpio, Eric Hernandez, Cormac Joyce, James Kelly, Juan Rodriguez, Jose Romero