Complaint #201402142,
February 21, 2014

Officer: Martinez, Jonathan
Complainant: Black Male, 37
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martinez, Jonathan
Complainant: Black Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Jonathan
Complainant: Black Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Martinez, Jonathan
Complainant: Black Male, 37
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martinez, Jonathan
Complainant: Black Male, 37
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Martinez, Jonathan Black Male, 37 Offensive Language: Race Substantiated (Command Discipline B)
Martinez, Jonathan Black Male, 37 Force: Physical force Unsubstantiated
Martinez, Jonathan Black Male, 37 Discourtesy: Word Substantiated (Command Discipline B)
Unknown Officer Black Male, 35-39 Force: Physical force Exonerated
Martinez, Jonathan Black Male, 37 Offensive Language: Sexual orientation Substantiated (Command Discipline B)
Martinez, Jonathan Black Male, 37 Abuse of Authority: Retaliatory arrest Unsubstantiated

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.
'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

Martinez, Jonathan
Command Discipline - B

Summary

On February 21, 2014, at approximately 10:30 p.m., PO Martinez PO Hernandez, and an additional unidentified officer were conducting a vertical patrol at [redacted]. When the officers reached the third floor, they approached three minors, two of whom were subsequently arrested for smoking marijuana in the hallway. While the two individuals were being apprehended [redacted] exited from his apartment on the third floor and approached the officers and asked them why they were harassing the two minors. At this point PO Martinez allegedly called [redacted] a "bitch ass nigger" and told [redacted] "suck my dick." (Allegations A, B, and C). Due to this heightened interaction, [redacted] followed PO Martinez down a flight of stairs to the front of the building. There, PO Martinez continued to use profanity when speaking with [redacted] (within Allegation A). PO Martinez allegedly grabbed [redacted] by the arms in an attempt to place him in handcuffs (Allegation D and E). While attempting to place [redacted] in handcuffs, [redacted] grabbed onto a side railing, and PO Martinez allegedly punched [redacted] in the midsection and head (Allegation D). Additional officers allegedly collectively used physical force in placing [redacted] in handcuffs (Allegation F). During this collective effort, PO Martinez allegedly punched [redacted] in the face, under his right eye (Within Allegation E). Read report for details.


Details

Incident: February 21, 2014
Received: March 4, 2014
Closed: March 24, 2015

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Residential building
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Joseph Edmund, Raymond Hernandez, Taejin Lim, Carlos Ponce, Joel Rodriguez
Video evidence collected