Complaint #201500911,
February 1, 2015

Officer: Urbaez, Gerardo
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Santiago, Fidel
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Charges and Specifications - Guilty
Officer: Santiago, Fidel
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Urbaez, Gerardo
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Urbaez, Gerardo
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Santiago, Fidel
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Urbaez, Gerardo Hispanic Male, 39 Abuse of Authority: Frisk Substantiated (Formalized Training)
Santiago, Fidel Hispanic Male, 31 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
NYPD Disposition: Charges and Specifications - Guilty
Santiago, Fidel Hispanic Male, 31 Abuse of Authority: Frisk Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Urbaez, Gerardo Hispanic Male, 39 Abuse of Authority: Search (of person) Unsubstantiated
Urbaez, Gerardo Hispanic Male, 39 Abuse of Authority: Question Substantiated (Formalized Training)
Santiago, Fidel Hispanic Male, 31 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.
'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.


Penalties

Urbaez, Gerardo
Formalized Training
Formalized Training / Command Level Instructions

Santiago, Fidel
Formalized Training / Command Level Instructions

Summary

At approximately 2:50 a.m. on February 1, 2015, [redacted] was driving southbound on Broadway near West 139th Street in Manhattan when he and a friend in the passenger's seat—[redacted] were pulled over by two officers identified through investigation as PO Gerardo Urbaez and PO Fidel Santiago of the 30th Precinct. After approaching the car and requesting [redacted] license and registration, PO Urbaez asked [redacted] to step out. [redacted] complied with both requests. PO Urbaez then frisked [redacted]'s entire body (Allegation A) and allegedly searched his pockets (Allegation B), though he removed no objects. Over the next several minutes, PO Urbaez requested that [redacted] submit to a breathalyzer test and even called for an additional officer—PO Taras Kolosiej of the 30th Precinct—who arrived amidst the conversation and reiterated the requests for [redacted] to take the exam. After [redacted] repeatedly refused, PO Urbaez allegedly frisked him once more (subsumed within Allegation A) before instructing him to return to the vehicle, which he did.
After several more minutes, both [redacted] and [redacted] were asked to step out of the car. Meanwhile, PO Santiago, who had initially approached the passenger's side, requested that [redacted] exit the car. As [redacted] complied, PO Santiago frisked his entire body (Allegation C) and allegedly entered his pockets to remove his wallet and license (Allegation D). Immediately thereafter, PO Santiago entered the front passenger's seat and searched at least the nearby areas including the center console (Allegation E). Without recovering anything from the car, the civilians waited at the rear while PO Urbaez issued a summons to [redacted] for [redacted]. Around this time, PO Urbaez also instructed [redacted] to provide his identification (Allegation F). After the summons was issued, the civilians departed. Read report for details.


Details

Incident: February 1, 2015
Received: February 8, 2015
Closed: May 27, 2015

Reason for contact: Moving violation
Location: Street/highway
In NYPD 30th Precinct Manhattan
Outcome: Moving violation summons issued

Witness Officers: Francheska Colon, Taras Kolosiej, Waddy Santiago
Video evidence collected