Complaint #201506359,
July 30, 2015

Officer: Velez, Carlos
Complainant: Hispanic Male, 54
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Velez, Carlos
Complainant: Hispanic Male, 54
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Nunez, Ricardo
Complainant: Hispanic Male, 54
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Nunez, Ricardo
Complainant: Hispanic Male, 54
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Singh, Khamraj
Complainant: Hispanic Male, 54
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Velez, Carlos Hispanic Male, 54 Discourtesy: Word Unsubstantiated
Velez, Carlos Hispanic Male, 54 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Nunez, Ricardo Hispanic Male, 54 Abuse of Authority: Question Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Nunez, Ricardo Hispanic Male, 54 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Singh, Khamraj Hispanic Male, 54 Abuse of Authority: Stop Substantiated (Command Discipline A)

Conclusion Meanings:

'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

Nunez, Ricardo
Command Discipline - A

Singh, Khamraj
No Disciplinary Action-DUP
No penalty

Velez, Carlos
Command Discipline - A

Summary

At 9:45 on a weekday morning in Brooklyn, a man was walking from the subway to a clinic where he participates in a rehabilitation program. Four NYPD officers, including Detective Carlos Velez, Detective Ricardo Nunez, Sergeant Khamraj Singh, and Detective Danny Rodriguez, stopped and searched the man. Detective Velez had known the man for some time; he had previously arrested the man and the man has an open civil suit against Detective Velez. The man stated that ever since he sued Detective Velez the detective has targeted him. The officers searched the man's pockets, removing his wallet and a packet of cigarettes. They also examined the man's cane.
The CCRB investigator obtained security camera footage of the incident from a nearby building. Before seeing the security camera footage, the officers provided varying accounts of the incident that did not corroborate each other and which were contradicted by the video recording. Detective Velez stated that he received a call earlier in the morning that the man had purchased narcotics. Detective Nunez said that Detective Velez had used binoculars to observe the man snorting drugs. Detective Singh stated that another officer had seen the man snort drugs. Detective Rodriguez denied being at the encounter at all.
Detective Nunez, who searched the man's pockets, insisted that he had only conducted a pat-down and had not searched the man's pockets until shown the video demonstrating that he did search the man.
The stop and frisk form relating to the incident was not prepared until six weeks after the incident, after one officer had already been interviewed. Detective Singh stated that he had signed the form, prepared by Detective Nunez, after he returned from a vacation, but he had not left on the vacation for over a month after the incident had taken place.
The CCRB found that the officers had improperly stopped and searched the man, and that they had failed to prepare required paperwork. It further found that Detective Nunez had lied when he said he didn't search... Read report for details.


Details

Incident: July 30, 2015
Received: July 31, 2015
Closed: December 15, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 76th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Danny Rodriguez
Video evidence collected