Complaint #201409359,
August 23, 2014

Officer: Cross, Daniel
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Bourbeau, Matthew
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Tom, Warren
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Guagenti, Vito
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Bourbeau, Matthew
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Bourbeau, Matthew
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Bourbeau, Matthew
Complainant: Hispanic Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Hispanic Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Bourbeau, Matthew
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Diaz, Johnny
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Cross, Daniel
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Bourbeau, Matthew
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Cross, Daniel Hispanic Male, 27 Abuse of Authority: Vehicle search Exonerated
Bourbeau, Matthew Hispanic Male, 27 Abuse of Authority: Vehicle search Exonerated
Tom, Warren Hispanic Male, 27 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Diaz, Johnny Hispanic Male, 27 Abuse of Authority: Question Unsubstantiated
Diaz, Johnny Hispanic Male, 27 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Property damaged Officer(s) Unidentified
Guagenti, Vito Hispanic Male, 27 Abuse of Authority: Vehicle search Exonerated
Bourbeau, Matthew Hispanic Male, 27 Abuse of Authority: Vehicle stop Exonerated
Bourbeau, Matthew Hispanic Male, 27 Abuse of Authority: Question Exonerated
Bourbeau, Matthew Hispanic Male, 27 Discourtesy: Word Unsubstantiated
Diaz, Johnny Hispanic Male, 27 Discourtesy: Word Unsubstantiated
Bourbeau, Matthew Hispanic Male, 27 Abuse of Authority: Threat of arrest Unsubstantiated
Diaz, Johnny Hispanic Male, 27 Abuse of Authority: Vehicle search Exonerated
Diaz, Johnny Hispanic Male, 27 Abuse of Authority: Vehicle stop Exonerated
Cross, Daniel Hispanic Male, 27 Abuse of Authority: Question Exonerated
Bourbeau, Matthew Hispanic Male, 27 Abuse of Authority: Refusal to provide name/shield number 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

On August 23, 2014, around 5:30 a.m., at the intersection of West 189th Street and Saint Nicholas Avenue in Manhattan, [redacted] s car was stopped by PO Johnny Diaz and Sgt. Matthew Bourbeau of the 34th Precinct (Allegations A and B). [redacted]'s cousin, whose real name is unknown to the investigation, was in the front seat at the time. PO Daniel Cross and PO Vito Guagenti, of the 34th Precinct, pulled up to the car stop as well. During the car stop, PO Diaz asked [redacted] to step out of his car. PO Diaz allegedly asked [redacted] about his past arrests (Allegation C), refused to provide his name and shield to [redacted] (Allegation D) and called [redacted] a dick (Allegation E). Sgt. Bourbeau asked [redacted] if he had anything in his car that he was not supposed to have (Allegation F) and allegedly called [redacted] a dick (Allegation G). Sgt. Bourbeau then searched [redacted]'s car (Allegation H). Sgt. Bourbeau then allegedly said, "Are you sure you're not fucking lying to me?" (within Allegation G). Sgt. Bourbeau then allegedly threatened to arrest [redacted] (Allegation I) and said that he would lock [redacted]'s ass up and called [redacted] a dick within these threats of arrests (within Allegation G). Sgt. Bourbeau then allegedly refused to provide his name and shield number to [redacted] (Allegation J). PO Diaz then searched [redacted]'s car (Allegation K). PO Cross, who was standing with [redacted] asked him about his past arrests (Allegation L). During the search an officer allegedly cut wires that were in [redacted]'s car which caused his headlights to no longer work (Allegation M). [redacted] and the passenger were then told to return to the car and all four officers looked in [redacted]'s trunk (Allegations N and O and within Allegations H and K). [redacted] was told he could leave and drove away. [redacted] drove back to the officers after driving for about five minutes. [redacted] approached PO Diaz who was seated in his police car and asked him for his shield number. PO Diaz mumbled his own... Read report for details.


Details

Incident: August 23, 2014
Received: September 11, 2014
Closed: July 28, 2015

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Moving violation summons issued