Complaint #201400277,
December 27, 2013

Officer: Smith, Christopher
Complainant: Hispanic Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Warkenthien, Walter
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Warkenthien, Walter
Complainant: Hispanic Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Ditomaso, William
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Smith, Christopher
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Smith, Christopher Hispanic Male, 34 Discourtesy: Word Unsubstantiated
Warkenthien, Walter Hispanic Male, 34 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Warkenthien, Walter Hispanic Male, 34 Discourtesy: Word Unsubstantiated
Ditomaso, William Hispanic Male, 34 Abuse of Authority: Strip-searched Exonerated
Smith, Christopher Hispanic Male, 34 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer Hispanic Male, 30-34 Abuse of Authority: Vehicle search Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Warkenthien, Walter
Formalized Training

Summary

On December 27, 2013, at approximately 2:15 p.m., [redacted] was driving alone in his neighbor's vehicle which was a 2013 Nissan Altima. [redacted] had stents placed in his body to help him pass kidney stones. He was going to the hospital to have these stents removed. When he reached the corner of Jamaica Avenue and Parsons Boulevard in Queens, [redacted] was stopped by PO Christopher Smith from Patrol Borough Queens South, and PO1, PO2, and PO3 for dark window tints. [redacted] informed PO Smith that he had a window tint exemption sticker that was determined to be a forgery by the officers. [redacted] was arrested. PO Smith and PO1then searched the front seats and glove compartment of [redacted]'s vehicle (Allegation A and B). PO Walter Warkenthien later arrived in an unmarked vehicle and searched the backseat of [redacted]'s vehicle (Allegation C). PO Warkenthien said, "Fuck him. Take him in" (Allegation D).
[redacted] was transported to the 103rd Precinct stationhouse by PO Smith and PO Warkenthien. At the stationhouse, [redacted] was strip-searched, as per SGT DiTomaso's instructions, by PO Smith (Allegation E). [redacted] was placed in a holding cell where he asked for medical treatment as he needed to have his stents removed and he was in pain. PO Smith said, "Shut the fuck up, crack head" (Allegation F). [redacted] was transported to [redacted] and treated for the stents and a urinary tract infection. [redacted] was charged with possession of a forged instrument and dark window tints. Read report for details.


Details

Incident: December 27, 2013
Received: January 9, 2014
Closed: March 30, 2015

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 103rd Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: John Boyce, Joseph Duerr, Francesca Guerriero, Jarred Kuschner, Nolan Lauterborn, Michael Magioncalda, Frank Orourke, Michael Perri