Complaint #201508770,
June 11, 2015

Officer: Marte, Joshua
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Marte, Joshua
Complainant: Black Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Marte, Joshua
Complainant: Black Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Marte, Joshua
Complainant: Black Male, 29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Marte, Joshua Black Male, 29 Abuse of Authority: Frisk Substantiated (Formalized Training)
Marte, Joshua Black Male, 29 Abuse of Authority: Search (of person) Unsubstantiated
Marte, Joshua Black Male, 29 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Marte, Joshua Black Male, 29 Abuse of Authority: Stop Unsubstantiated
Unknown Officer Abuse of Authority: Gun Drawn Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Abuse of Authority: Refusal to provide name/shield number Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Abuse of Authority: Stop Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Marte, Joshua
Formalized Training

Summary

On June 11, 2015, at approximately 11:00 p.m., [redacted] was smoking a cigarette while waiting at a bus stop on East Tremont Avenue and Dogwood Drive in the Bronx when three officers approached him in an unmarked police vehicle. An officer told [redacted] to put his hands up. [redacted] complied and dropped his cigarette. Police Officer Joshua Marte of the 49th Precinct and two unidentified officers exited the police vehicle, approached [redacted] and asked him what he was doing (Allegations A and B). The officer who told [redacted] to put his hands up drew his gun and pointed it towards the ground (Allegation C). PO Marte frisked [redacted] and searched his pockets and wallet (Allegations D and E). The officers stated that they smelled marijuana and searched the immediate area for approximately 30 minutes. During this time, six additional unidentified officers arrived at the scene. An officer in a white uniformed shirt told [redacted] that someone had been breaking into cars in the area. PO Marte issued [redacted] a summons for [redacted]. [redacted] allegedly asked the officers collectively for their names but no officer responded (Allegations F and G). The officers then left the scene. Read report for details.


Details

Incident: June 11, 2015
Received: October 15, 2015
Closed: May 24, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 49th Precinct Bronx
Outcome: Summons - other violation/crime