Complaint #201510169,
November 28, 2015

Officer: Schumacher, William
Complainant: Black Male, 51
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Schumacher, William
Complainant: Black Male, 51
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 51
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 51
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martinez, Robert
Complainant: Black Male, 51
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martinez, Robert
Complainant: Black Male, 51
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Farrell, Steven
Complainant: Black Male, 51
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Schumacher, William Black Male, 51 Force: Physical force Unsubstantiated
Schumacher, William Black Male, 51 Discourtesy: Word Unsubstantiated
Martinez, Robert Black Male, 51 Discourtesy: Word Unsubstantiated
Martinez, Robert Black Male, 51 Abuse of Authority: Stop Substantiated (Command Discipline B)
Martinez, Robert Black Male, 51 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Martinez, Robert Black Male, 51 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Farrell, Steven Black Male, 51 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated

Conclusion Meanings:

'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

Martinez, Robert
Command Discipline - B

Summary

On November 28, 2015, at approximately 3 a.m., on the north side of Blake Avenue near its intersection with Bradford Street in Brooklyn, PO William Schumacher and SSA Robert Martinez of the 75th Precinct stopped [redacted] (Allegation A). SSA Martinez allegedly said, "Asshole, don't you hear the police calling you?" (Allegation B) [redacted] was speaking to a friend via a cell phone headset at the time of the stop; SSA Martinez told [redacted] "You don't need to be on your fucking phone. Get off the fucking phone," (subsumed under Allegation B). SSA Martinez asked [redacted] "Where the fuck are you going?" (subsumed under Allegation B). [redacted] held his hands in the pockets of his hoodie. When he went to remove them, SSA Martinez told him to keep his hands in his pockets, asked him what he had in his pockets, and asked him if he was carrying any weapons. SSA Martinez frisked the exterior pockets of [redacted] hooded jacket (Allegation C), reached into both exterior pockets (Allegation D), and then proceeded to frisk [redacted] sweatpants pockets (subsumed under Allegation C). [redacted] acknowledged that he carried a soft package of newly-purchased underwear in his right sweatpants pocket, and a roll of money, or approximately $126 in folded-over bills, behind the package of underwear. The package of underwear, as well as the money behind it, created a bulge in [redacted] sweatpants. When SSA Martinez felt this bulge, he allegedly asked, "What the fuck is that?" (subsumed under Allegation B). [redacted] believed that SSA Martinez had felt the money underneath the package of underwear; in response to SSA Martinez's question, [redacted] withdrew the aforementioned $126 and displayed it to SSA Martinez. SSA Martinez requested [redacted] identification. When [redacted] replied that he was not carrying identification, SSA Martinez allegedly said, "I don't know if you're fucking wanted," (subsumed under Allegation B). SSA Martinez then walked away from the scene, leaving [redacted] with PO Schumacher. PO Schumacher... Read report for details.


Details

Incident: November 28, 2015
Closed: April 21, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued