Complaint #201501097,
February 9, 2015

Officer: Martinez, Michael
Complainant: Black Male, 48
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Martinez, Michael
Complainant: Black Male, 48
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Michael
Complainant: Black Male, 48
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Michael
Complainant: Black Male, 48
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Martinez, Michael Black Male, 48 Discourtesy: Word Substantiated (Command Discipline A)
Martinez, Michael Black Male, 48 Force: Chokehold Unsubstantiated
Martinez, Michael Black Male, 48 Force: Other Unsubstantiated
Martinez, Michael Black Male, 48 Abuse of Authority: Threat of arrest Substantiated (Command Discipline A)

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

Martinez, Michael
Command Discipline - A

Summary

On February 9, 2015, at approximately 9:35 p.m., PO Michael Martinez, PO Elvin Gomez, PO Eddy Gutierrez, and PO Steve Tirado of the 33rd Precinct responded to the [redacted] There were multiple incidents occurring inside the shelter at the time, and numerous security guards and hospital police officers from [redacted] also responded. The hospital guards and officers became involved in a violent struggle with a shelter resident in the area just before the shelter's metal detector and X-ray scanner. Another shelter resident, [redacted] approached the scene and attempted to document it with his cellphone camera. PO Martinez instructed [redacted] to move away from the scene and the two exchanged words. [redacted] told PO Martinez that his sister was a police officer and PO Martinez allegedly replied, "Fuck your sister" (Allegation A). [redacted] retreated to the other side of the X-ray scanner but continued to speak to PO Martinez. PO Martinez approached [redacted] and allegedly grabbed his throat, which restricted his breathing (Allegations B and C). PO Martinez also threatened to arrest [redacted] (Allegation D). [redacted] was not arrested or summonsed. [redacted] The entire incident was captured by multiple surveillance cameras inside the shelter (BR01; BR02). Read report for details.


Details

Incident: February 9, 2015
Received: February 17, 2015
Closed: September 3, 2015

Reason for contact: Report-noise/disturbance
Location: Residential building
In NYPD 33rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Elvin Gomez, Eddy Gutierrez, Steve Tirado
Video evidence collected