Complaint #201508433,
October 1, 2015

Officer: Pena, Janson
Complainant: Black Male, 40
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Pena, Janson
Complainant: Black Male, 40
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Pena, Janson
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Pena, Janson
Complainant: Black Male, 40
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Pena, Janson Black Male, 40 Force: Gun Pointed Unsubstantiated
Pena, Janson Black Male, 40 Abuse of Authority: Threat of arrest Exonerated
Pena, Janson Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Pena, Janson Black Male, 40 Abuse of Authority: Stop 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

Pena, Janson
No Disciplinary Action-DUP
No penalty

Summary

On October 1, 2015, at 5:30 p.m., [redacted] was driving in the vicinity of Farmers Boulevard and Montauk Avenue in Queens; his car was a recent purchase and lacked license plates. [redacted] was driving a salvaged vehicle from Florida, and the temporary vehicle registration which was hanging on the rear driver's side window was expired. [redacted] admitted to not having the vehicle registered. A marked NYPD vehicle containing PO Janson Pena and PO Alicia Commisso of the 113th Precinct followed [redacted] and eventually activated its lights and sirens to initiate a vehicle stop. Allegedly unaware he was being stopped, [redacted] drove approximately four blocks back to his house and into his open garage with the officers following behind. [redacted] alleged that PO Pena exited the RMP entered his garage with his gun pointed at [redacted] (Allegations A, B and C). During the course of the incident PO Pena allegedly told [redacted] that he was going to be arrested (Allegation D). [redacted] was issued a summons for lack of registration for his vehicle. Read report for details.


Details

Incident: October 1, 2015
Received: October 5, 2015
Closed: January 7, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Apartment/house
In NYPD 113th Precinct Queens
Outcome: Summons - other violation/crime

Witness Officers: Alicia Commisso
Video evidence collected