Complaint #201508105,
September 4, 2015

Officer: Rizzo, Timothy
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gherardi, James
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Rizzo, Timothy
Complainant: Black Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Rizzo, Timothy
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Gherardi, James
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Rizzo, Timothy Black Male, 29 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Gherardi, James Black Male, 29 Abuse of Authority: Vehicle search Unsubstantiated
Rizzo, Timothy Black Male, 29 Abuse of Authority: Refusal to provide name/shield number Unfounded
Rizzo, Timothy Black Male, 29 Abuse of Authority: Vehicle stop Unsubstantiated
Gherardi, James Black Male, 29 Abuse of Authority: Vehicle stop Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Rizzo, Timothy
Command Discipline - A

Summary

On September 4, 2015, at approximately 1:33 a.m., PO Timothy Rizzo and PO James Gherardi, both of the 113th Precinct, stopped [redacted] who was driving a rental vehicle, near the intersection of Baisley Boulevard and Bedell Street in Queens (Allegations A and B). PO Rizzo and PO Gherardi both testified that upon approaching the vehicle, they shined their flashlights in the vehicle, and noticed a bottle of liquor therein, on the floor of the backseat. PO Rizzo then asked [redacted] to exit the vehicle, and consequently frisked him (Allegation C). While [redacted] was speaking to PO Rizzo, PO Gherardi searched his vehicle, but the extent of this search remains in dispute (Allegation D). [redacted] reported that at this point, he requested PO Rizzo's name and shield number, and PO Rizzo allegedly ignored his request (Allegation E). Read report for details.


Details

Incident: September 4, 2015
Received: September 24, 2015
Closed: January 19, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: No arrest made or summons issued