Complaint #201510086,
November 11, 2015

Officer: Manchester, Matthew
Complainant: White Female, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Avella, Alan
Complainant: White Female, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Avella, Alan
Complainant: White Female, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: Hispanic Male, 41
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: White Female, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: White Female, 37
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: Hispanic Male, 41
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: Hispanic Male, 41
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Alleged Victim Unavailable
Officer: Avella, Alan
Complainant: Hispanic Male, 41
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Garner, William
Complainant: White Female, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: Hispanic Male, 41
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: White Female, 35-39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer: Avella, Alan
Complainant: White Female, 37
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Avella, Alan
Complainant: White Female, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Manchester, Matthew
Complainant: Hispanic Male, 41
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: White Female, 35-39
Allegation: Offensive Language: Other
CCRB Conclusion: Officer(s) Unidentified
Officer: Avella, Alan
Complainant: White Female, 37
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: White Female, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Gelband, Justin
Complainant: White Female, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Manchester, Matthew White Female, 37 Abuse of Authority: Vehicle stop Substantiated (Formalized Training)
Avella, Alan White Female, 37 Abuse of Authority: Vehicle stop Substantiated (Formalized Training)
Avella, Alan White Female, 37 Abuse of Authority: Vehicle stop Unsubstantiated
Avella, Alan Hispanic Male, 41 Abuse of Authority: Strip-searched Unsubstantiated
Avella, Alan White Female, 37 Discourtesy: Word Unsubstantiated
Avella, Alan White Female, 37 Offensive Language: Other Unsubstantiated
Avella, Alan Hispanic Male, 41 Abuse of Authority: Frisk Unsubstantiated
Avella, Alan Hispanic Male, 41 Abuse of Authority: Frisk Unsubstantiated
Avella, Alan Male Abuse of Authority: Frisk Alleged Victim Unavailable
Avella, Alan Hispanic Male, 41 Abuse of Authority: Search (of person) Unsubstantiated
Garner, William White Female, 37 Abuse of Authority: Vehicle stop Unsubstantiated
Avella, Alan Hispanic Male, 41 Abuse of Authority: Search (of person) Unsubstantiated
Unknown Officer White Female, 35-39 Abuse of Authority: Vehicle search Officer(s) Unidentified
Avella, Alan White Female, 37 Abuse of Authority: Search (of person) Exonerated
Avella, Alan White Female, 37 Discourtesy: Word Unsubstantiated
Manchester, Matthew Hispanic Male, 41 Abuse of Authority: Strip-searched Unsubstantiated
Unknown Officer White Female, 35-39 Offensive Language: Other Officer(s) Unidentified
Avella, Alan White Female, 37 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer White Female, 35-39 Discourtesy: Word Officer(s) Unidentified
Gelband, Justin White Female, 37 Abuse of Authority: Vehicle stop Unfounded

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.
'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.


Penalties

Avella, Alan
No Disciplinary Action-DUP
No penalty

Manchester, Matthew
No Disciplinary Action-DUP
No penalty

Summary

On November 11, 2015, at approximately 11:05 a.m., at the rear of 3125 Park Avenue in the Bronx, PO Avella and PO William Garner of the 44th Precinct stopped the car occupied by [redacted] and [redacted] (Allegations A and B). PO Avella spoke discourteously to [redacted] and [redacted] (Allegation C), frisked and searched [redacted] (Allegations D and E), frisked [redacted] (Allegation F), and searched the car (Allegation G). [redacted] and [redacted] were not issued summonses or arrested. [redacted]
On November 17, 2015, at approximately 1:50 p.m., at the rear of 3135 Park Avenue in the Bronx, PO Avella, PO Matthew Manchester and PO Justin Gelband of the 44th Precinct stopped the car occupied by [redacted] and [redacted] (Allegations L, M and N). PO Avella frisked and searched [redacted] (Allegations O and P). An officer searched the car (Allegation Q). PO Avella searched [redacted] (Allegation R), and spoke discourteously and offensively to [redacted] (Allegations S and T). At the 44th Precinct stationhouse, PO Avella and PO Manchester strip-searched [redacted] (Allegations U and V). An officer spoke discourteously to [redacted] (Allegation W) and officers spoke offensively to [redacted] (Allegation X). [redacted] was issued a desk appearance ticket (Board Review 02) as a result of this incident and the criminal case is open as of this writing. [redacted] was issued Summons [redacted] (Board Review 03) for [redacted]. Read report for details.


Details

Incident: November 11, 2015
Received: November 27, 2015
Closed: June 1, 2016

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Michael Cronin, Denis Regimbal