Complaint #201213089,
October 6, 2012

Officer: Vasquez, Jonathan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Miscellaneous
Officer: Dolce, Gene
Complainant: Black Male, 39
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Dolce, Gene
Complainant: Black Male, 39
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Gomez, Cesar
Complainant: Black Male, 39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Cesar
Complainant: Black Male, 39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Gomez, Cesar
Complainant: Black Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Vasquez, Jonathan Black Male, 39 Abuse of Authority: Vehicle search Miscellaneous
Dolce, Gene Black Male, 39 Abuse of Authority: Search (of person) Miscellaneous - Subject Resigned
Dolce, Gene Black Male, 39 Abuse of Authority: Frisk Miscellaneous - Subject Resigned
Gomez, Cesar Black Male, 39 Abuse of Authority: Vehicle search Unsubstantiated
Gomez, Cesar Black Male, 39 Abuse of Authority: Threat of arrest Unsubstantiated
Unknown Officer Black Male, 35-39 Discourtesy: Word Officer(s) Unidentified
Gomez, Cesar Black Male, 39 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 October 6, 2012, at approximately 10:15 p.m., [redacted] drove from his house, located at 535 East 182nd Street in the Bronx, and drove on Morris Avenue toward Fordham Road to pick up his fifteen year old son, Maxwell Smith. [redacted] drives a 2008 black four-door Acura TL Type S which is registered to his mother-in-law, [redacted] While stopped at a red light on the corner of East 184th Street and Morris Avenue, [redacted] noticed the lights on a marked van. [redacted] pulled over to the left on East 184th Street and Morris Avenue and PO Gene Dolce, PO Cesar Gomez, and PO Jonathan of the 46th Precinct, who were identified via investigation, exited the van. PO Vasquez was described as a slim white male in his 20s and 5'11". PO Dolce was described as a Hispanic male with a tan complexion, average build, and 5'9" to 5'10". PO Gomez was described as a Hispanic male in his 30s with a tan complexion, average build, and 5'9" to 5'10". When PO Vasquez and PO Dolce approached [redacted] on the driver's side and PO Gomez was on the passenger's side, [redacted] rolled down the driver and passenger windows. PO Dolce instructed [redacted] to turn off his car. [redacted] asked why he had to turn off his car. PO Gomez said, "Shut off your car. We can do this either the hard way or the easy way." After being instructed to turn off his car approximately three times, [redacted] complied. PO Gomez told PO Vasquez to "snatch" [redacted] out of his vehicle. PO Vasquez opened [redacted] door and [redacted] started to exit while PO Dolce held his left inner arm.
PO Dolce led [redacted] to the rear of his vehicle and put [redacted] hands on the trunk of his car. PO Dolce turned [redacted] around and put [redacted] hands in the air. PO Gomez opened [redacted] rear passenger door and he and PO Vasquez began to search inside. PO Vasquez searched the front of [redacted] vehicle and the glove compartment. PO Gomez had his knee on the seat and searched the back of [redacted] vehicle. PO Dolce patted down [redacted] arms, waist, legs,... Read report for details.


Details

Incident: October 6, 2012
Closed: March 3, 2014

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Other VTL violation summons issued