Complaint #201408586,
August 14, 2014

Officer: Zurita, Washington
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Wheeler, David
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Wheeler, David
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Zurita, Washington
Complainant: White Male, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Toribio, Jose
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Virtuoso, Jonathan
Complainant: White Male, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Virtuoso, Jonathan
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Ortega, Norman
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Zurita, Washington
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Sciacca, Gaspar
Complainant: Black Female, 50
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Zurita, Washington American Indian Male, 53 Abuse of Authority: Vehicle search Exonerated
Wheeler, David American Indian Male, 53 Abuse of Authority: Search (of person) Unsubstantiated
Wheeler, David American Indian Male, 53 Abuse of Authority: Frisk Exonerated
Hernandez, Juan White Male, 32 Abuse of Authority: Search (of person) Unsubstantiated
Hernandez, Juan White Male, 32 Abuse of Authority: Frisk Exonerated
Zurita, Washington White Male, 32 Abuse of Authority: Search (of person) Unsubstantiated
Toribio, Jose American Indian Male, 53 Abuse of Authority: Vehicle search Exonerated
Virtuoso, Jonathan White Male, 32 Abuse of Authority: Search (of person) Unsubstantiated
Virtuoso, Jonathan American Indian Male, 53 Abuse of Authority: Vehicle search Exonerated
Ortega, Norman American Indian Male, 53 Abuse of Authority: Vehicle search Exonerated
Unknown Officer White Male, 30-34 Abuse of Authority: Search (of person) Officer(s) Unidentified
Hernandez, Juan White Male, 32 Abuse of Authority: Stop Exonerated
Zurita, Washington American Indian Male, 53 Abuse of Authority: Stop Exonerated
Sciacca, Gaspar Black Female, 50 Abuse of Authority: Other Substantiated (Command Discipline A)

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

Sciacca, Gaspar
Command Discipline - A
Command Discipline - A / Command Level Instructions

Summary

On August 14, 2014, at approximately 6:00 pm, PO Jonathan Virtuoso and PO Juan Hernandez from the 23rd Precinct approached [redacted] and [redacted] near [redacted]s green minivan in front of 325 East 106th Street in Manhattan and PO Hernandez allegedly reached his hands into each of [redacted]s pockets and then frisked [redacted]s thighs and groin (Allegations A, B, and C). Numerous other officers responded to the location and the highest ranking officer on scene, Lt. Washington Zurita, authorized the stop of [redacted] (Allegation D). Lt. Zurita, PO Jonathan Virtuoso, PO Jose Toribio, and PO Norman Ortega then searched the interior of [redacted]s minivan (Allegations E, F, G, and H). While these officers started to search the minivan, PO David Wheeler frisked [redacted]s pants pockets and then allegedly removed the contents of [redacted]s pants pockets (Allegations I and J). [redacted] and [redacted] were moved to the rear of the minivan and PO Virtuoso allegedly placed his hands into [redacted]s pants pockets and removed their contents (Allegation K). Lt. Zurita and an unidentified officer moved [redacted] to the rear of another parked vehicle, at which time the unidentified officer allegedly placed his hands into [redacted]s pockets again and instructed [redacted] to open his mouth (Allegations L and M). The latter portion of the incident was recorded by a bystander, [redacted] (encl. B23-26), and soon after she started recording Sgt. Sciacca interfering with her filming (Allegation N). No contraband was found as a result of any of these frisks and searches, and [redacted] and [redacted] were released without being issued any summonses or being arrested (complaint encl. B1-3, CCRB statement encl. B5-18). Read report for details.


Details

Incident: August 14, 2014
Received: August 20, 2014
Closed: August 3, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 23rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Bryan Carney, Julio Meyreles
Video evidence collected