Complaint #201510060,
November 25, 2015

Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mchugh, Hugh
Complainant: Male, 20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Formalized Training
Officer: Mchugh, Hugh
Complainant: Male, 20
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Demarinis, Aida
Complainant: Female, 22
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Gonzalez, Fernando
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Gonzalez, Fernando
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Moreno, Mario
Complainant: Black Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gonzalez, Fernando
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Gonzalez, Fernando
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Perez, Thomas
Complainant: Black Male, 17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Moreno, Mario
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Moreno, Mario
Complainant: Male, 20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Moreno, Mario
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Perez, Thomas
Complainant: Black Male, 17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 15-17 Force: Physical force Exonerated
Mchugh, Hugh Male, 20 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
NYPD Disposition: Formalized Training
Mchugh, Hugh Male, 20 Abuse of Authority: Frisk Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Demarinis, Aida Female, 22 Abuse of Authority: Other Unsubstantiated
Gonzalez, Fernando Male Abuse of Authority: Search (of person) Unsubstantiated
Gonzalez, Fernando Male Abuse of Authority: Frisk Substantiated (Command Discipline A)
Moreno, Mario Black Male, 17 Abuse of Authority: Stop Exonerated
Gonzalez, Fernando Male Abuse of Authority: Search (of person) Unsubstantiated
Gonzalez, Fernando Male Abuse of Authority: Frisk Substantiated (Command Discipline A)
Perez, Thomas Black Male, 17 Abuse of Authority: Frisk Exonerated
Moreno, Mario Male Abuse of Authority: Stop Substantiated (Command Discipline A)
Moreno, Mario Male, 20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Moreno, Mario Male Abuse of Authority: Stop Substantiated (Command Discipline A)
Perez, Thomas Black Male, 17 Abuse of Authority: Search (of person) Unsubstantiated
Unknown Officer Black Male, 15-17 Discourtesy: Word Officer(s) Unidentified

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.
'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.


Penalties

Mchugh, Hugh
No penalty

Moreno, Mario
No Disciplinary Action-DUP
No penalty

Gonzalez, Fernando
No Disciplinary Action-DUP
No penalty

Summary

On November 25, 2015, at approximately 1:20pm, in the vicinity of Bronx River Avenue and Story Avenue in the Bronx, [redacted] and an unidentified male individual, were riding a New York City Metropolitan Transit Authority bus. Sgt. Mario Moreno of the 43rd Precinct stopped all four individuals (Allegations A-D).
During the stop, PO Thomas Perez of the 43rd Precinct allegedly frisked [redacted] and searched his pockets (Allegation E and F). A group of officers allegedly brought [redacted] to the ground forcefully (Allegation G). As they did so, an unidentified officer allegedly told [redacted] to "Get the fuck on the ground!" (Allegation H).
Det. Hugh McHugh of the 43rd Precinct Detective Squad frisked [redacted] and allegedly searched his pockets (Allegation I and J). PO Gonzalez allegedly frisked [redacted] and the fourth unidentified male on scene (Allegation K and L). PO Gonzalez also allegedly searched [redacted] and the fourth unidentified male on scene (Allegation M and N). After a negative show-up conducted with the victims of a robbery, [redacted] and the fourth individual were released from the scene without being summonsed.
PO Aida Demarinis of the 43rd Precinct interacted with [redacted] who was a passenger on the stopped BX5 bus. PO Demarinis allegedly told [redacted] that she could not record the incident and/or that she needed to stop doing so (Allegation O).
[redacted] captured this incident on her cell phone's video camera. The full video may be found in Board Review 18 and it is transcribed in full in Board Review 19. Read report for details.


Details

Incident: November 25, 2015
Received: November 26, 2015
Closed: May 9, 2016

Reason for contact: Report of other crime
Location: Bus
In NYPD 43rd Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Bashiek Collins, Yvesmarc Elie, Jose Rosario, Jessica Thomas
Video evidence collected