Complaint #201205296,
April 19, 2012

Officer: Martin, Kevin
Complainant: Black Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Martin, Kevin
Complainant: Black Male, 21
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer: Martin, Kevin
Complainant: Black Male, 21
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Martin, Kevin
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Martin, Kevin
Complainant: Black Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Martin, Kevin
Complainant: Black Male, 21
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Tevere, Salvatore
Complainant: Black Male, 21
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Martin, Kevin
Complainant: Black Male, 21
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Charges)
Officer: Tevere, Salvatore
Complainant: Black Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Victim Unidentified
Officer: Martin, Kevin
Complainant: Black Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Victim Unidentified
Officer Complainant Allegation CCRB Conclusion
Martin, Kevin Black Male, 21 Abuse of Authority: Stop Substantiated (Charges)
Martin, Kevin Black Male, 21 Abuse of Authority: Search (of person) Substantiated (Charges)
Martin, Kevin Black Male, 21 Abuse of Authority: Frisk Substantiated (Charges)
Martin, Kevin Black Male, 21 Force: Physical force Substantiated (Charges)
Martin, Kevin Black Male, 21 Discourtesy: Word Unsubstantiated
Martin, Kevin Black Male, 21 Abuse of Authority: Threat of arrest Substantiated (Charges)
Tevere, Salvatore Black Male, 21 Abuse of Authority: Frisk Substantiated (Charges)
Martin, Kevin Black Male, 21 Discourtesy: Action Substantiated (Charges)
Tevere, Salvatore Black Male, 21 Abuse of Authority: Stop Victim Unidentified
Martin, Kevin Black Male Abuse of Authority: Stop Victim Unidentified

Conclusion Meanings:

'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.


Penalties

Martin, Kevin
Forfeit vacation 15 days
Closed: Resolved by plea, February 4, 2016
APU Guilty
Forfeit vacation 15 days

Tevere, Salvatore
Forfeit vacation 2 days
Closed: Resolved by plea, February 3, 2016
APU Guilty
Forfeit vacation 2 days

Summary

On April 19, 2012, PO Kevin Martin and other officers drove by a building in the Bronx where there were some individuals in the lobby and some outside. The building was a so-called "Clean Halls" building (under this program, the NYPD would enter the hallways of private buildings with the permission of the landlord or management company and seek confirmation of residency from those in the hallways, then arrest people for trespassing if they could not prove they lived in the building). The officers entered the building and began interacting with the individuals.
At the same time, a man who had been visiting his girlfriend exited an elevator and started to leave the building. Before he could PO Martin stopped him and asked him if he lived in the building. The man told Officer Martins he did not live in the building but that he was visiting his girlfriend. PO Martin told the man to step against the hallway wall and he complied. PO Martin told the man to put his hands against the wall and he complied. Twice during the encounter, the man started to lower his hands and PO Martin slammed his hands up against the wall. PO Martin searched the man's pockets, removed the man's wallet from his rear pocket, took a picture of the man's identification, threw the identification on the floor, and left. The entire incident, as described above, was captured on the building's security cameras, which the CCRB obtained.
When PO Martin was interviewed at the CCRB, he provided a statement before being shown the video footage. According to his initial statement, the man was not exiting but was among the group in the lobby. According to PO Martin's initial statement, he did not tell the man to step against the wall but the encounter happened by the wall. According to PO Martin's initial statement, he did not tell the man to put his hands up against the wall and did not slam them against the wall. He denied searching the man's pockets or throwing his ID to the floor.
When shown the video that contradicted his statement, PO Martin did... Read report for details.


Details

Incident: April 19, 2012
Received: April 26, 2012
Closed: September 11, 2013

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Andy Roque