Complaint #201510852,
December 26, 2015

Officer: Rodriguez, Fernando
Complainant: Hispanic Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rodriguez, Fernando
Complainant: Hispanic Male, 31
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Rosado, Argenis
Complainant: Hispanic Male, 31
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Rodriguez, Fernando
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Rodriguez, Fernando
Complainant: Black Male, 23
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Rosado, Argenis
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Rodriguez, Fernando
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Perdomo, Herme
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Board Conclusion
Rodriguez, Fernando Hispanic Male, 31 Discourtesy: Word Substantiated (Formalized Training)
Rodriguez, Fernando Hispanic Male, 31 Force: Gun Pointed Exonerated
Rosado, Argenis Hispanic Male, 31 Force: Gun Pointed Exonerated
Rodriguez, Fernando Hispanic Male, 31 Abuse of Authority: Stop Exonerated
Rodriguez, Fernando Black Male, 23 Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Substantiated
Rosado, Argenis Hispanic Male, 31 Abuse of Authority: Stop Exonerated
Rodriguez, Fernando Black Male, 23 Abuse of Authority: Frisk Unsubstantiated
Perdomo, Herme Hispanic Male, 31 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline A)

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.


Penalties

Perdomo, Herme
Command Discipline - A

Rodriguez, Fernando
Command Discipline - A

Summary

On December 26, 2015 at approximately 10:20 a.m., PO Fernando Rodriguez, PO Argenis Rosado, and PO Stephen Carey, all of the 40th Precinct, stopped [redacted] and [redacted] at East 153rd Street and Third Avenue in the Bronx (Allegations A, B, and C). [redacted] and [redacted] were guards for a check cashing business and [redacted] had a handgun in a holster on his waist, for which he had a concealed carry permit (see Board Review 01). PO Rodriguez and PO Rosado got out of their police car and pointed their guns at [redacted]. PO Rodriguez also allegedly pointed his gun at [redacted] (Allegations D and E). PO Rodriguez allegedly made numerous discourteous statements to [redacted] and [redacted] throughout the encounter (Allegation F). PO Rosado handcuffed [redacted] and PO Rodriguez handcuffed [redacted]. PO Rodriguez allegedly frisked [redacted] (Allegation G). After the officers verified the validity of [redacted]'s concealed carry permit, both men were released with no arrest or summons issued.
On December 28, 2015 at approximately 11 a.m., [redacted] went alone to the 40th Precinct stationhouse and asked PO Herme Perdomo to file a CCRB complaint about the incident described above. [redacted]'s intention was to file the complaint at the stationhouse, but he alleged that PO Perdomo would not take his complaint and instead directed him to call a number that was listed on a poster with the CCRB's information (Allegation H). Read report for details.


Details

Incident: December 26, 2015
Received: December 28, 2015
Closed: May 6, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Stephen Carey