Complaint #201407232,
July 17, 2014

Officer: Cox, Kevin
Complainant: Black Male, 29
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Ventura, Susana
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Ventura, Susana
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Cox, Kevin Black Male, 29 Force: Pepper spray Unsubstantiated
Unknown Officer Black Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Abuse of Authority: Refusal to process civilian complaint Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Abuse of Authority: Property damaged Officer(s) Unidentified
Ventura, Susana Black Male, 29 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Ventura, Susana Black Male, 29 Abuse of Authority: Vehicle search Exonerated

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

Ventura, Susana
Formalized Training

Summary

On July 17, 2014, at approximately 9:30 p.m., [redacted] was driving with [redacted] on Creston Avenue near the intersection of East Burnside Avenue in the Bronx. He was pulled over by LT Seth Lynch, PO Susana Ventura, and PO Francis Conejo, from Patrol Borough Bronx, at the intersection of East Burnside Avenue for loud music. When he was at the rear of his vehicle, he observed LT Lynch searching the passenger side of the vehicle; however, the investigation determined that PO Ventura searched the vehicle (Allegation A). [redacted] and [redacted] were arrested for [redacted], which [redacted] denied possessing. [redacted]'s vehicle was transported to the 46th Precinct stationhouse by PO Ventura. PO Ventura searched [redacted]'s entire vehicle, including the trunk, at the 46th Precinct stationhouse (Allegation B). [redacted] was released from police custody on July 18, 2014, at approximately 2:30 a.m. with a Desk Appearance Ticket and a summons for [redacted]. [redacted] drove his vehicle home. At approximately 7:00 a.m., [redacted] noticed his vehicle had a cracked taillight and the passenger side was scratched. [redacted] did not see how this damage occurred, but he assumed it occurred while his vehicle was in police custody (Allegation C).
[redacted] drove to the 46th Precinct stationhouse, at approximately 8:55 a.m., to file a complaint regarding the damage to his vehicle. He spoke with an unidentified Hispanic female officer with long curly hair at the desk of the stationhouse regarding filing a complaint. This officer told [redacted] to "sit the fuck down," "get the fuck out of the stationhouse," "is that a fucking threat," and "fuck you" (Allegation D). This officer, when he asked to file a complaint told him that there was nothing she could do for him (Allegation E). [redacted] was angry and he walked out of the stationhouse. PO Kevin Cox followed [redacted] out of the stationhouse and grabbed his shirt without saying anything. PO Cox pepper sprayed [redacted] in the eyes (Allegation F). [redacted] left... Read report for details.


Details

Incident: July 17, 2014
Received: July 18, 2014
Closed: May 29, 2015

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: David Abadia, Vanessa Anza, Francis Conejo, Julissa Goris, Seth Lynch, Teresa Sadlier
Video evidence collected