Complaint #201600739,
January 22, 2016

Officer: Lowe, Darrell
Complainant: Hispanic Female, 67
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Lowe, Darrell
Complainant: Female, 40
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Guilty
Officer: Lowe, Darrell
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Guilty
Officer: Lowe, Darrell
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Dismissed
Officer: Lowe, Darrell
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Dismissed
Officer: Lowe, Darrell
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Guilty
Officer: Lowe, Darrell
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Guilty
Officer: Lowe, Darrell
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Dismissed
Officer: Kovarik, Brian
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Guilty
Officer: Diaz, Lauren
Complainant: Hispanic Female, 67
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Lopez, Warren
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Kovarik, Brian
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Dismissed
Officer: Kovarik, Brian
Complainant: Hispanic Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Dismissed
Officer: Kovarik, Brian
Complainant: Hispanic Male, 16
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Guilty
Officer: Murray, Joseph
Complainant: Hispanic Male, 20
Allegation: Force: Pepper spray
CCRB Conclusion: Unfounded
Officer: Amill, Frank
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Lowe, Darrell Hispanic Female, 67 Force: Physical force Unsubstantiated
Lowe, Darrell Female, 40 Force: Physical force Substantiated (Charges)
NYPD Disposition: APU Guilty
Lowe, Darrell Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
NYPD Disposition: APU Guilty
Lowe, Darrell Male Abuse of Authority: Stop Substantiated (Charges)
NYPD Disposition: APU Dismissed
Lowe, Darrell Male Abuse of Authority: Search (of person) Substantiated (Charges)
NYPD Disposition: APU Dismissed
Lowe, Darrell Hispanic Male, 20 Abuse of Authority: Other Substantiated (Charges)
NYPD Disposition: APU Guilty
Lowe, Darrell Hispanic Male, 20 Abuse of Authority: Strip-searched Substantiated (Charges)
NYPD Disposition: APU Guilty
Lowe, Darrell Male Abuse of Authority: Frisk Substantiated (Charges)
NYPD Disposition: APU Dismissed
Kovarik, Brian Hispanic Male, 24 Abuse of Authority: Other Substantiated (Charges)
NYPD Disposition: APU Guilty
Diaz, Lauren Hispanic Female, 67 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Lopez, Warren Male Abuse of Authority: Stop Substantiated (Charges)
Kovarik, Brian Hispanic Male, 24 Force: Physical force Substantiated (Charges)
NYPD Disposition: APU Dismissed
Kovarik, Brian Hispanic Male, 16 Force: Physical force Substantiated (Charges)
NYPD Disposition: APU Dismissed
Kovarik, Brian Hispanic Male, 16 Abuse of Authority: Search (of person) Substantiated (Charges)
NYPD Disposition: APU Guilty
Murray, Joseph Hispanic Male, 20 Force: Pepper spray Unfounded
Amill, Frank Hispanic Male, 20 Abuse of Authority: Strip-searched Substantiated (Charges)

Conclusion Meanings:

'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

Amill, Frank
Forfeit vacation 12 days
Closed: Resolved by plea, September 25, 2018
APU Guilty
Forfeit vacation 12 days

Kovarik, Brian
Forfeit vacation 9 days
Closed: Resolved by plea, September 25, 2018
Forfeit vacation 9 days

Lopez, Warren
Forfeit vacation 3 days
Closed: Resolved by plea, September 25, 2018
APU Guilty
Forfeit vacation 3 days

Lowe, Darrell
Forfeit vacation 17 days
Closed: Resolved by plea, September 25, 2018
Forfeit vacation 17 days

Summary

On January 22, 2016, at approximately 8:19 p.m. [redacted] and three other individuals- [redacted] and [redacted] were in the fourth floor hallway of [redacted] outside of [redacted] where [redacted] and [redacted] reside. [redacted] was giving a haircut to [redacted] while [redacted] and [redacted] sat in the hallway.
PO Darrell Lowe and PO Warren Lopez of Patrol Borough Bronx were conducting a vertical patrol of [redacted] as there is a sign posted on the building indicating that it is a Clean Halls Building (Board Review 01). PO Lowe and PO Lopez arrived on the fourth floor via an elevator and reportedly observed [redacted] with a lit marijuana cigarette (Board Review 02). Video footage shows that PO Lowe and PO Lopez walked directly towards [redacted] who was out of frame of the camera, and then [redacted] walked past them and walked inside [redacted] closing the door behind him, without any apparent attempt by PO Lowe or PO Lopez to physically stop him.
After [redacted] entered his apartment, video footage shows that PO Lowe stopped, frisked, and searched [redacted] (Allegations A-C). PO Lopez then took a hold of [redacted] by his arm and did not let him go for over two minutes (Allegation D). [redacted] was not arrested or issued a summons as a result of the incident. Neither PO Lowe nor PO Lopez prepared a Stop, Question and Frisk Report regarding [redacted] (Allegations R and S). Approximately 37 seconds after [redacted] entered his apartment, his mother, [redacted] exited the apartment and walked into the fourth floor hallway to [redacted]. [redacted] remained inside the apartment, sticking his head into the hallway. [redacted] walked back inside her apartment, and PO Lowe walked behind her, entering the apartment while [redacted] s back was turned (Allegation E).
From inside his apartment, [redacted] began recording the incident on a cellphone; from outside of the apartment, [redacted] began recording the incident on a cellphone. [redacted] repeatedly told PO Lowe and PO Lopez, who joined PO Lowe in... Read report for details.


Details

Incident: January 22, 2016
Received: January 27, 2016
Closed: June 1, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 48th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Brian Cintron, Richard Mcknight, Alex Torres
Video evidence collected