Complaint #201508658,
October 5, 2015

Officer: Martinez, Robert
Complainant: Black Male, 31
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Female, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 31
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martinez, Robert
Complainant: Black Male, 31
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martinez, Robert
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Martinez, Robert
Complainant: Black Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Martinez, Robert Black Male, 31 Force: Chokehold Unsubstantiated
Martinez, Robert Black Female, 41 Force: Physical force Unsubstantiated
Martinez, Robert Black Male, 31 Abuse of Authority: Property damaged Unsubstantiated
Martinez, Robert Black Male, 31 Discourtesy: Word Substantiated (Command Discipline B)
Martinez, Robert Black Male, 31 Discourtesy: Action Substantiated (Command Discipline B)
Martinez, Robert Black Male, 31 Force: Physical force Exonerated
Martinez, Robert Black Male, 31 Abuse of Authority: Threat of arrest Exonerated

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.


Summary

On October 5, 2015, at approximately 8:15 p.m., [redacted]'s [redacted]-old son, [redacted] was arrested on Fountain Avenue near Blake Avenue in Brooklyn (Board Review 01). [redacted] was informed of his arrest, and she, her daughter, and [redacted] responded to the location. Once on Fountain Avenue, [redacted] attempted to approach [redacted] but was stopped from doing so by SSA Robert Martinez of the 75th Precinct, who allegedly pushed her away (Allegation A).
[redacted] was transported to the 75th Precinct Stationhouse, and [redacted] went to the stationhouse shortly thereafter. [redacted] was using his phone at the stationhouse. SSA Martinez allegedly told [redacted] "Get the fuck off of the phone," "Don't fucking take pictures or record," and, "Get the fuck out of my precinct" (Allegation B). SSA Martinez then allegedly smacked the phone out of [redacted]'s hand, causing the phone to fall to the ground and break (Allegations C and D). It was alleged that SSA Martinez grabbed [redacted]'s shirt collar and part of his neck, and that he then pushed [redacted] toward the exit (Allegations E and F). SSA Martinez then allegedly told [redacted] that he was going to arrest him (Allegation G). [redacted] left the stationhouse and [redacted] was released to [redacted]. Read report for details.


Details

Incident: October 5, 2015
Received: October 13, 2015
Closed: May 6, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Juvenile Report

Witness Officers: Michael Ardolino, Alicia Barrett, Tony Cuoco, Noel Damico, Jose Deschamps, David Quattrocchi, William Schumacher, Bridgette Thompson