Complaint #201507072,
August 20, 2015

Officer: Baez, Felix
Complainant: Black Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rios, Nicholas
Complainant: Black Male, 26
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Rios, Nicholas
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Rios, Nicholas
Complainant: Black Male, 26
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Zorrilla, John
Complainant: Black Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Zorrilla, John
Complainant: Black Male, 26
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Frias, Miguel
Complainant: Black Male, 26
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Frias, Miguel
Complainant: Black Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Baez, Felix Black Male, 26 Discourtesy: Word Unsubstantiated
Rios, Nicholas Black Male, 26 Abuse of Authority: Search (of person) Unsubstantiated
Rios, Nicholas Black Male, 26 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Rios, Nicholas Black Male, 26 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Zorrilla, John Black Male, 26 Discourtesy: Word Unsubstantiated
Zorrilla, John Black Male, 26 Abuse of Authority: Other Substantiated (Command Discipline B)
Frias, Miguel Black Male, 26 Abuse of Authority: Vehicle stop Unsubstantiated
Frias, Miguel Black Male, 26 Force: Physical force Substantiated (Command Discipline B)

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

Frias, Miguel
No Disciplinary Action-DUP
No penalty

Zorrilla, John
No Disciplinary Action-DUP
No penalty

Rios, Nicholas
Formalized Training

Summary

On August 20, 2015, at approximately 1:30am, [redacted] was driving on St. Ann's Avenue between East 156th and East 157th Streets in the Bronx when he was stopped by Sgt. Miguel Frias from PSA 7, who was accompanied by PO Nicholas Rios, PO Felix Baez, and PO John Zorrilla (Allegation A). PO Rios then told [redacted] to step out of the car, and when [redacted] asked why, PO Rios allegedly replied, "Either you get out of the car or I'll drag you out of the fucking car!"(Allegation B). Upon exiting, PO Zorrilla allegedly told [redacted] "We don't need your fucking consent" (Allegation C). PO Rios then frisked and allegedly searched [redacted] (Allegation D and Allegation E).
PO Zorrilla took possession of [redacted]s cell phone and allegedly stopped it from recording (Allegation F). During handcuffing, Sgt. Frias allegedly bent [redacted]s right arm upward into a painful position, causing injury (Allegation G). PO Baez allegedly told [redacted] "We don't get a fuck about your aunt," when [redacted] stated that his aunt would corroborate his whereabouts (Allegation H). At the stationhouse, [redacted] was summonsed for disorderly conduct for obstructing vehicular traffic. Read report for details.


Details

Incident: August 20, 2015
Received: August 21, 2015
Closed: December 21, 2015

Reason for contact: Moving violation
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Summons - disorderly conduct

Video evidence collected