Complaint #201601011,
January 30, 2016

Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Kusterer, Brian
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Kusterer, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Holshek, Brian Black Male, 29 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
Holshek, Brian Black Male, 29 Abuse of Authority: Vehicle stop Unsubstantiated
Holshek, Brian Black Male, 29 Abuse of Authority: Search (of person) Unsubstantiated
Holshek, Brian Black Male, 29 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Kusterer, Brian Black Male, 29 Force: Physical force Unsubstantiated
Holshek, Brian Black Male, 29 Abuse of Authority: Threat of arrest Unsubstantiated
Kusterer, Brian Black Male, 29 Abuse of Authority: Refusal to provide name/shield number 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

Holshek, Brian
No Disciplinary Action-DUP
No penalty

Summary

On January 30, 2016, at approximately 9:40 p.m., [redacted] was driving a rented car when he was pulled over at the intersection of Lenox Avenue and West 145th Street in Manhattan by Sgt. Brian Holshek, Det. David Kantor, and Det. Brian Kusterer of Manhattan Gang Squad for running a stop sign (Allegation A). Det. Kantor asked [redacted] for his license and registration and said he was pulled over because he ran a stop sign, which [redacted] disputes. The officers asked [redacted] to exit his vehicle and [redacted] stated that he did not give the officers consent to search his vehicle. Det. Kusterer reached through the front driver side window, unlocked and opened the door, and pulled [redacted] out of the vehicle. Det. Kusterer then allegedly pulled [redacted]s arms behind his back, pushed them upwards, and placed his chest against the car (Allegation B). Det. Kantor allegedly searched [redacted]s pants pockets and frisked his jacket pockets (Allegations C and D). [redacted] asked Det. Kusterer for his name and, in response, Det. Kusterer told [redacted] that he should have more respect for the sergeant and allegedly did not provide his name (Allegation E). Det. Kusterer searched [redacted]s vehicle (Allegation F) and recovered no contraband. Sgt. Holshek allegedly told [redacted] that he would arrest him if he claimed that the officers planted something in the vehicle (Allegation G). [redacted] was not placed under arrest and was released without being issued a summons. Read report for details.


Details

Incident: January 30, 2016
Received: February 8, 2016
Closed: June 1, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: David Kantor