| Officer: | Rodriguez, Fernando |
|---|---|
| Complainant: | Black Male, 34 |
| Allegation: | Discourtesy: Action |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Rodriguez, Fernando |
| Complainant: | Black Male, 34 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Rodriguez, Fernando |
| Complainant: | Black Female, 33 |
| Allegation: | Abuse of Authority: Question |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Rodriguez, Fernando |
| Complainant: | Black Male, 34 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Unknown Officer |
| Complainant: | Black Female, 30-34 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Officer(s) Unidentified |
| Officer: | Rodriguez, Fernando |
| Complainant: | Black Male, 34 |
| Allegation: | Abuse of Authority: Retaliatory summons |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Rodriguez, Fernando | Black Male, 34 | Discourtesy: Action | Unsubstantiated |
| Rodriguez, Fernando | Black Male, 34 | Discourtesy: Word | Unsubstantiated |
| Rodriguez, Fernando | Black Female, 33 | Abuse of Authority: Question | Substantiated (Command Discipline B) |
| Rodriguez, Fernando | Black Male, 34 | Abuse of Authority: Threat of force (verbal or physical) | Unsubstantiated |
| Unknown Officer | Black Female, 30-34 | Force: Physical force | Officer(s) Unidentified |
| Rodriguez, Fernando | Black Male, 34 | Abuse of Authority: Retaliatory summons | Substantiated (Command Discipline B) |
Further details on conclusions.
A man and his fiancée parked their car in a legal parking spot near the 40th precinct. The spot was the first legal space outside a no parking zone. PO Rodriguez and another officer pulled up alongside their vehicle in their police car. They asked the couple to move their car so they could have the space. At this point, the couple began recording the incident. On the recording, they could be heard discussing PO Rodriguez's request that they move so that the officer can park.
PO Rodriguez stopped his marked car nearby and approached the car on foot, asking for their license and registration. Another officer measured the tint in their windows. The tint measured 18%, which is legal in New York State (tinted windows are allowable up to 30% tint, see N.Y. Vehicle and Traffic Law § 375(12-a)). The officers issued a summons for the 18% tint and walked away.
Upset, the people left their car and walked across the street to the 40th precinct, where they asked to file a complaint. The officers in the waiting room told them to wait for a supervisor to arrive. While they were waiting, PO Rodriguez came back into the precinct and asked the woman (who had been in the passenger seat) for her license and registration. Although she had not been driving and did not know why she was to produce her identification, she complied. As she held her identification in her hand, PO Rodriguez grabbed her arm and handcuffed her. Other officers grabbed the man who had been driving and handcuffed him and took him to the floor.
The two people were then brought to the holding cell in the back of the precinct. Upon searching the man's wallet, PO Rodriguez found a PBA card. He called the name on the card and discovered that the man's relative was a police officer. He then issued the pair summonses.
During his CCRB interview, PO Rodriguez made multiple statements that were contradicted by the recording. For example, he consistently stated that the pair had been cursing at him and abusive throughout the encounter, but the recording showed them to...
Read report for details.