Complaint #201409287,
September 2, 2014

Officer: Ernyey, Richard
Complainant: Black Male, 44
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Pergamo, James
Complainant: Black Male, 44
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Ernyey, Richard Black Male, 44 Discourtesy: Word Unsubstantiated
Pergamo, James Black Male, 44 Abuse of Authority: Vehicle search Substantiated (Formalized Training)

Conclusion Meanings:

'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

Pergamo, James
Formalized Training
Formalized Training / Command Level Instructions

Summary

On September 2, 2014, at approximately 1:00 a.m., [redacted] vehicle was pulled over on Guy R. Brewer Boulevard and 115th Avenue in Queens. Three officers approached [redacted] vehicle, PO Richard Ernyey, who stood at the front driver's side window, PO James Pergamo, who stood at the front passenger's side window, and Sgt. Kevin Watz, who stood at the rear passenger's side window. PO Ernyey asked [redacted] to turn his vehicle off and [redacted] asked why. In response, PO Ernyey allegedly stated, "Just turn off the fucking car." [redacted] turned the vehicle off. PO Ernyey then asked [redacted] to place his keys on top of the roof of the vehicle. [redacted] informed PO Ernyey that his keys were in his pocket. PO Ernyey allegedly responded, "Give me the fucking keys." [redacted] handed his keys to PO Ernyey. [redacted] then told PO Ernyey that he was [redacted] old and should not be treated in such a manner. PO Ernyey allegedly responded, "I don't give a fuck how old you are." (Allegation A) After [redacted] provided PO Ernyey with his license, PO Pergamo asked [redacted] to open his glove compartment. [redacted] opened the glove compartment. From outside of the vehicle, PO Pergamo looked inside the glove compartment for two to three seconds (Allegation B). PO Pergamo did not break the plane of the window. [redacted] then closed the glove compartment. The officers then returned to the police van. When they returned to [redacted] vehicle, PO Ernyey returned his license and keys, and handed him a summons for failing to signal. [redacted] left the scene after receiving the summons (encl. 8a-12f; 18). Read report for details.


Details

Incident: September 2, 2014
Received: September 9, 2014
Closed: May 15, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: Summons - other violation/crime

Witness Officers: Kevin Watz