Complaint #201601121,
February 9, 2016

Officer: Martinez, Sandra
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lowe, Darrell
Complainant: Hispanic Male, 20
Allegation: Force: Pepper spray
CCRB Conclusion: Unfounded
Officer: Lowe, Darrell
Complainant: Hispanic Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lowe, Darrell
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lowe, Darrell
Complainant: Age 24
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Crespo, Luis
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Crespo, Luis
Complainant: Age 24
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lowe, Darrell
Complainant: Hispanic Female, 40
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Lowe, Darrell
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Martinez, Sandra
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Lowe, Darrell
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lowe, Darrell
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Martinez, Sandra Hispanic Male, 20 Force: Physical force Exonerated
Lowe, Darrell Hispanic Male, 20 Force: Pepper spray Unfounded
Lowe, Darrell Hispanic Male, 16 Force: Physical force Exonerated
Lowe, Darrell Hispanic Male, 20 Abuse of Authority: Strip-searched Substantiated (Formalized Training)
Lowe, Darrell Age 24 Abuse of Authority: Strip-searched Substantiated (Formalized Training)
Crespo, Luis Hispanic Male, 20 Abuse of Authority: Strip-searched Substantiated (Command Discipline A)
Crespo, Luis Age 24 Abuse of Authority: Strip-searched Substantiated (Command Discipline A)
Lowe, Darrell Hispanic Female, 40 Abuse of Authority: Threat of arrest Unsubstantiated
Lowe, Darrell Abuse of Authority: Premises entered and/or searched Exonerated
Martinez, Sandra Abuse of Authority: Premises entered and/or searched Exonerated
Lowe, Darrell Hispanic Male, 20 Force: Physical force Exonerated
Lowe, Darrell Hispanic Male, 20 Force: Physical force Exonerated

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.
'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

Crespo, Luis
Command Discipline - A

Lowe, Darrell
Formalized Training

Summary

On February 9, 2016, at approximately 8:00 p.m. [redacted] and his friend, [redacted] were in the fourth floor hallway, outside of [redacted] in the Bronx, where [redacted] resides. PO Sandra Martinez and PO Darrell Lowe, both from Patrol Borough Bronx, were conducting a vertical patrol of the building, as there is a Clean Halls sign posted in front of the location (Board Review 01). PO Lowe and PO Martinez arrived on the fourth floor via elevator, where they encountered [redacted] were allegedly in possession of a lit marijuana cigarette (Board Review 02 and 03).
PO Lowe and PO Martinez approached [redacted] walking directly past [redacted]. [redacted] alleged that PO Martinez jumped on his back (Allegation A). [redacted] back-pedaled towards [redacted] as PO Martinez held onto [redacted] and PO Lowe attempted help PO Martinez stop him. The front door of [redacted] was opened by someone inside the apartment. [redacted] alleged that PO Lowe swiped at his feet, causing him to fall inside the apartment (Allegation B). [redacted] fell to the ground inside [redacted] and PO Martinez fell on top of him, entering the apartment (Allegation C). PO Lowe stepped just inside the apartment as he attempted to pull [redacted] outside of [redacted] by his legs (Allegations D and E). Video footage captures this portion of the incident.
[redacted]s younger brother, mother and grandmother--[redacted] respectively-- were among the civilians inside of [redacted]. [redacted] stood outside of [redacted] and filmed the incident on a cellphone. [redacted] was secured in handcuffs by PO Martinez. [redacted] alleged that after the handcuffs were secured, PO Lowe used pepper spray against him (Allegation F). It is undisputed that PO Lowe used pepper spray against [redacted] but video footage shows that [redacted] was not secured in handcuffs when PO Lowe used pepper spray against him.
PO Lowe exited [redacted] and asked [redacted] "You filmed all this? You're going into cuffs for now." [redacted] responded, "Huh," and PO Lowe replied,... Read report for details.


Details

Incident: February 9, 2016
Received: February 10, 2016
Closed: June 16, 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: Yubany Campuzano
Video evidence collected