Complaint #201506977,
August 15, 2015

Officer: Bute, Mauvin
Complainant: Black Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Bute, Mauvin
Complainant: Black Male, 37
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Bojkovic, Besnik
Complainant: Black Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Bute, Mauvin Black Male, 37 Abuse of Authority: Vehicle stop Substantiated (Command Discipline B)
Bute, Mauvin Black Male, 37 Abuse of Authority: Other Substantiated (Command Discipline B)
Bojkovic, Besnik Black Male, 37 Discourtesy: Word Unsubstantiated

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.


Summary

On August 15, 2015, at approximately 4:20 a.m., [redacted] was pulled over by Lt. Mauvin Bute, Sgt. Jessenia Tabb, and PO Maria Voskoboynik, all from the 67th Precinct, near the intersection of Martense Street and Nostrand Avenue in Brooklyn without having committed a crime or a traffic violation (Allegation A). Lt. Bute approached [redacted] vehicle and asked him if he had been drinking, to which [redacted] replied no. Lt. Bute told [redacted] he had to take a breathalyzer test, but [redacted] refused (Allegation B). Additional police units arrived on the scene during the stop, and PO Saul DeLaCruz placed [redacted] under arrest for refusing to take the breathalyzer test.
PO DeLaCruz and PO Besnick Bojkovic transported [redacted] to the 78th Precinct stationhouse, where a breathalyzer test was to be administered. While [redacted] was waiting in the stationhouse, he complained of his handcuffs being too tight, to which PO Bojkovic replied, "Shut the fuck up and I'll think about taking these off" (Allegation C). A breathalyzer test was eventually administered, and [redacted] blew a 0.00%. He was subsequently released, and his arrest was voided. Read report for details.


Details

Incident: August 15, 2015
Received: August 19, 2015
Closed: December 15, 2015

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Saul Delacruz, Maria Landi, Jessenia Tabb
Video evidence collected