Complaint #201501421,
February 27, 2015

Officer: Marachilian, Hariton
Complainant: Black Male, 60
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Marachilian, Hariton
Complainant: Black Male, 60
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Marachilian, Hariton
Complainant: Black Male, 60
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Marachilian, Hariton Black Male, 60 Abuse of Authority: Stop Exonerated
Marachilian, Hariton Black Male, 60 Abuse of Authority: Frisk Exonerated
Marachilian, Hariton Black Male, 60 Abuse of Authority: Search (of person) Substantiated (Formalized Training)

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Marachilian, Hariton
Formalized Training
Formalized Training / Command Level Instructions

Summary

At approximately 1:30 a.m. on February 27, 2015, [redacted] was walking eastbound on West 44th Street, towards 5th Avenue, in Manhattan. He was then stopped by Sgt. Hariton Marachilian of Midtown South (Allegation A). The investigation determined that [redacted] was stopped in regards to a report of an armed robbery at 49 West 44th Street. Sgt. Marachilian frisked [redacted] s torso (Allegation B). He then searched [redacted] by opening his jacket and reaching into [redacted] s jacket and pants pockets (Allegation C). Sgt. Marachilian removed several items from [redacted] s person, including three cell phones. During the frisk and search, Sgt. Marachilian asked [redacted] if he had a gun. [redacted] denied having one, and none was found on his person during the incident. During the search, two uniformed officers, Sgt. Andrew Ho and PO Anthony Passaro of Midtown South, arrived in a marked car. Both officers asked [redacted] where he was coming from, and where he was going. Sgt. Ho asked him about his employment history, while PO Passaro asked why he had so many cell phones. After several minutes, a show-up identification by the complainants found that [redacted] was not the perpetrator. [redacted] was then released from custody. He was not arrested or issued a summons. Read report for details.


Details

Incident: February 27, 2015
Closed: July 17, 2015

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

Witness Officers: Andrew Ho, Anthony Passaro
Video evidence collected