Complaint #201504191,
October 15, 2014

Officer: Delvillar, David
Complainant: Black Male, 45
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Delvillar, David
Complainant: Black Male, 45
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Demonda, Michael
Complainant: Black Male, 45
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Busby, Kelly
Complainant: Black Male, 45
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Delvillar, David Black Male, 45 Abuse of Authority: Vehicle stop Exonerated
Delvillar, David Black Male, 45 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Demonda, Michael Black Male, 45 Abuse of Authority: Vehicle stop Exonerated
Busby, Kelly Black Male, 45 Abuse of Authority: Other Substantiated (Command Discipline B)
Unknown Officer Black Male, 45-49 Abuse of Authority: Property damaged Unsubstantiated

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.
'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

Busby, Kelly
Command Discipline - A
Command Discipline - A / Command Level Instructions

Delvillar, David
Formalized Training

Summary

On October 15, 2014, at approximately 4:05 PM, at the intersection of 153rd Street and 73rd Avenue in Queens, [redacted] was pulled over by PO David Delvillar and PO Michael Demonda, while driving his recently purchased 2011 Porsche GT3R (Allegation A and B). PO Delvillar asked [redacted] for his license, registration, and insurance, which [redacted] provided, along with some car dealership paperwork. The officers told [redacted] that his car's temporary tag and its VIN plate appeared to be improper and inauthentic. An electronic database search conducted by PO David Delvillar allegedly yielded no results for the car. The officers then asked [redacted] to provide further documentation to prove his ownership of the car. After a supervisor, Sergeant Kelly Busby, arrived on the scene, [redacted] was asked by PO Delvillar to step out of his car and placed in handcuffs (Allegation C). [redacted] was then transported to the 107th Precinct stationhouse in the unmarked police car by PO Demonda, where he was lodged in a holding cell. In the same time period, PO Delvillar drove [redacted]s car back to the stationhouse. An officer allegedly tampered with a surveillance camera in [redacted]s car, and, at some point thereafter, intentionally deleted video footage from the camera's memory card (Allegation D). After reaching the stationhouse, PO Delvillar opened the glove compartment to see if he could find any further paperwork for the car (Allegation E). PO Delvillar also opened a folder he found on top of the front passenger side seat, in which he allegedly found the paperwork he was looking for. PO Delvillar then ran another database search inside the stationhouse, and received results verifying [redacted]s ownership. After approximately an hour and a half, [redacted] was released with a traffic summons for improper display of plates, a traffic violation of N.Y. V.T.L. ยง 402-(1)(b). [redacted] was ultimately found guilty of this charge in traffic court on [redacted] and filed his CCRB complaint on the same day. [redacted]... Read report for details.


Details

Incident: October 15, 2014
Received: May 26, 2015
Closed: September 26, 2015

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 107th Precinct Queens
Outcome: Summons - other violation/crime

Video evidence collected