Complaint #200814702,
October 11, 2008

Summary

[redacted] is a [redacted] Hispanic male with brown hair and brown eyes. [redacted] provided a statement at the CCRB on October 31, 2008 (Encl. 6A-6D).
On October 11, 2008, at approximately 10:50 pm, [redacted] was sitting down on the end seat inside a subway car. The subway he was sitting on was stalled in the station and the doors were open. [redacted] was on his cell phone talking to his friend. A man walked by the subway car and looked at [redacted] and then walked away and approximately five seconds later, the man walked back and motioned to [redacted] to step outside of the train. As he motioned at [redacted] to step outside of the subway car, he pulled a badge out from under his shirt. [redacted] ended his cell phone call and stepped outside of the subway car.
The officer who motioned for [redacted] to step outside of the subway car was a 6'1, white male in his mid twenties who had a thin build. The officer was wearing a Yankee's baseball hat, blue jeans and a blue sweatshirt and he has been identified through investigation as PO Ryan Vautrinot. PO Vautrinot asked [redacted] in an agitated tone, "What are you doing? Where are you going?" [redacted] told PO Vautrinot, that he was going home and had been at work. While [redacted] was being questioned by PO Vautrinot, a white male, heavy set, in his 40's, wearing a dark leather jacket and a grey sweatshirt, who has been identified through investigation as Sgt. Louis Bertuccio, came up behind [redacted] and went into his back right pocket. [redacted] did not see Sgt. Bertuccio come up behind him and when Sgt. Bertuccio went into his back right pocket, it startled him. [redacted] asked Sgt. Bertuccio for his name and badge number but Sgt. Bertuccio did not reply to these requests. Sgt. Bertuccio then proceeded to search his left back pocket and found a phone charger and took it out and promptly put it back in [redacted] s pocket. [redacted] stated that Sgt. Bertuccio proceeded to search all of his pockets and pat him down. While Sgt. Bertuccio searched PO... Read report for details.