Complaint #201503997,
May 12, 2015

Officer: Martinez, Michael
Complainant: White Male, 27
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Martinez, Michael
Complainant: White Male, 27
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Martinez, Michael
Complainant: White Male, 27
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Martinez, Michael
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer: Gomez, Elvin
Complainant: White Male, 27
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Martinez, Michael White Male, 27 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Martinez, Michael White Male, 27 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Martinez, Michael White Male, 27 Abuse of Authority: Stop Substantiated (Command Discipline A)
Martinez, Michael Abuse of Authority: Gun Drawn Exonerated
Gomez, Elvin White Male, 27 Abuse of Authority: Other Substantiated (Command Discipline A)

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.


Penalties

Gomez, Elvin
Command Discipline - A

Martinez, Michael
Command Discipline - A

Summary

On May 12, 2015, at approximately 6:15 p.m., [redacted] entered a store located at 502 West 167th Street in Manhattan. While [redacted] was in the store, PO Michael Martinez walked into the store with his gun drawn (Allegation A). PO Martinez told [redacted] not to move. [redacted] cooperated and put his hands up. PO Martinez told [redacted] to turn around and turned him around such that [redacted] was facing a store shelf. PO Martinez then frisked and searched [redacted] (Allegations B, C, and D) While PO Martinez interacted with [redacted] another officer, PO Elvin Gomez, arrived in the store. PO Martinez placed [redacted] in handcuffs and took him out of the store. Outside of 502 West 167th Street, PO Gomez began searching and moving garbage bags on the street, but did not find anything. A crowd started to form around the officers and [redacted] at which point the officers placed [redacted] into their police vehicle and took him to the 33rd precinct stationhouse where he was released with a disorderly conduct summons (Allegation E). Read report for details.


Details

Incident: May 12, 2015
Received: May 19, 2015
Closed: September 26, 2015

Reason for contact: Other
Location: Other
In NYPD 33rd Precinct Manhattan
Outcome: Arrest - other violation/crime

Video evidence collected