Complaint #201505158,
June 23, 2015

Officer: Dever, Charles
Complainant: Male, 20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Dever, Charles
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Stracuzzi, Carmelo
Complainant: Male, 20
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Stracuzzi, Carmelo
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Webber, Derek
Complainant: Male, 20
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Webber, Derek
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Javier
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Cabrera, Eric
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, Kenneth
Complainant: Male, 20
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, Kenneth
Complainant: Male, 20
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Sepulveda, Kenneth
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, Kenneth
Complainant: Male, 20
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Sepulveda, Kenneth
Complainant: Male, 20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, Kenneth
Complainant: Male, 20
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Dever, Charles Male, 20 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Dever, Charles Male, 20 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Stracuzzi, Carmelo Male, 20 Abuse of Authority: Vehicle search Unsubstantiated
Stracuzzi, Carmelo Male, 20 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Webber, Derek Male, 20 Abuse of Authority: Vehicle search Unsubstantiated
Webber, Derek Male, 20 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rodriguez, Javier Male, 20 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Cabrera, Eric Male, 20 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Sepulveda, Kenneth Male, 20 Abuse of Authority: Vehicle stop Unsubstantiated
Sepulveda, Kenneth Male, 20 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Sepulveda, Kenneth Male, 20 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Sepulveda, Kenneth Male, 20 Abuse of Authority: Frisk Exonerated
Sepulveda, Kenneth Male, 20 Abuse of Authority: Search (of person) Unsubstantiated
Sepulveda, Kenneth Male, 20 Abuse of Authority: Threat of arrest Exonerated
Unknown Officer Male, 18-20 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.


Penalty

Sepulveda, Kenneth
Command Discipline - A

Summary

On June 23, 2015, at approximately 8:50 p.m., [redacted] was driving with his girlfriend, [redacted] on Rockaway Beach Boulevard. PO Kenneth Sepulveda of the Patrol Borough Queens South Anti-Crime stopped them for driving with an air freshener hanging from the passenger's side visor (Allegation A). PO Sepulveda was the driver of an unmarked Ford Taurus containing Sgt. Javier Rodriguez and PO Eric Cabrera of Patrol Borough Queens South Anti-Crime. Shortly after [redacted]s vehicle was pulled over a second vehicle containing PO Charles Dever, PO Derek Webber and PO Carmello Stracuzzi of Patrol Borough Queens South Anti-Crime, pulled diagonally in front of [redacted]s vehicle.
All six officers, who were in plainclothes, exited their vehicles and approached [redacted] PO Sepulveda was the contact officer and asked [redacted] for his driver's license and registration. [redacted] asked why he was being pulled over, and did not initially provide his license. [redacted] eventually provided his license and registration. and PO Sepulveda, seeing a bat near the driver's seat of the vehicle, ordered [redacted] out of his vehicle. [redacted] initially refused the order and asked for all of the six officers shield numbers. All six officers allegedly ignored [redacted]s request and placed their shields, that were hanging from their necks, inside of their shirts so they were no longer visible (Allegations B-G). When [redacted] continued to refuse, PO Sepulveda allegedly stated, "If you don't exit your vehicle, I'm going to pull you out and arrest you." (Allegation H).
[redacted] exited his vehicle and was allegedly frisked and searched by PO Sepulveda (Allegation I-J). PO Sepulveda searched [redacted]s vehicle (Allegation K). PO Webber and PO Stracuzzi allegedly assisted in the search of [redacted]s vehicle (Allegation L and M). [redacted] later learned that during the search of his vehicle, officers allegedly ripped out his speakers (Allegation N).
Throughout the alleged search of his person and his vehicle, [redacted]... Read report for details.


Details

Incident: June 23, 2015
Received: June 24, 2015
Closed: December 21, 2015

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: No arrest made or summons issued