Complaint #201411762,
November 13, 2014

Officer: Butera, Michele
Complainant: Black Male, 32
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Butera, Michele
Complainant: Black Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unfounded
Officer: Butera, Michele
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Butera, Michele
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Butera, Michele Black Male, 32 Abuse of Authority: Question Substantiated (Formalized Training)
Butera, Michele Black Male, 32 Abuse of Authority: Stop Unfounded
Butera, Michele Male Abuse of Authority: Stop Substantiated (Formalized Training)
Butera, Michele Male Abuse of Authority: Search (of person) Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Butera, Michele
Formalized Training

Summary

On November 13, 2014, at 12:18 p.m., [redacted] observed an unnamed acquaintance outside of 280 East 161st Street in the Bronx and approached the male to have a conversation with him. [redacted] made small talk with the male and the male asked [redacted] for his business card. The male took [redacted] is card and placed it into his pocket. PO Michele Butera, who was sitting inside his vehicle ten to twelve feet away, observed the interaction and presumed the exchange was a drug transaction. PO Butera explained he had approached them and pointedly asked the male if a drug transaction had just transpired (Allegation A). [redacted] articulated he did not feel free to leave the scene because he knew PO Butera erroneously believed he had just taken part in a drug transaction (Allegations B and C). According to [redacted] PO Butera asked the male to show what had been handed to him (Allegation D). Instead, [redacted] showed PO Butera an identical business card. Satisfied, PO Butera walked away. [redacted] was not arrested or summonsed as a result of this incident (complaint encl. 4a-b, CCRB statement encl. 5a-g). [redacted]
[redacted] indicated that the male wished to remain anonymous for this investigation and did not provide his information to the investigation. Furthermore, there is no police documentation of personal information for the male. Read report for details.


Details

Incident: November 13, 2014
Received: November 20, 2014
Closed: February 26, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Video evidence collected