Complaint #201602335,
March 4, 2016

Officer: Avella, Alan
Complainant: Black Male, 68
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: Black Male, 68
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Avella, Alan
Complainant: Black Male, 68
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 65-69
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer: Avella, Alan
Complainant: Black Male, 68
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Morales, Rafael
Complainant: Black Male, 61
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Morales, Rafael
Complainant: Black Male, 68
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Avella, Alan
Complainant: Black Male, 68
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 65-69
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Avella, Alan Black Male, 68 Abuse of Authority: Vehicle search Unsubstantiated
Avella, Alan Black Male, 68 Force: Gun Pointed Unfounded
Avella, Alan Black Male, 68 Abuse of Authority: Search (of person) Unsubstantiated
Unknown Officer Black Male, 65-69 Abuse of Authority: Vehicle search Officer(s) Unidentified
Avella, Alan Black Male, 68 Abuse of Authority: Threat of arrest Unsubstantiated
Morales, Rafael Black Male, 61 Abuse of Authority: Threat of arrest Alleged Victim Uncooperative
Morales, Rafael Black Male, 68 Abuse of Authority: Vehicle stop Unsubstantiated
Avella, Alan Black Male, 68 Abuse of Authority: Vehicle stop Unsubstantiated
Unknown Officer Black Male, 65-69 Force: Gun Pointed Unfounded

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

At approximately 5:55 p.m. on March 4, 2016, Mr. [redacted] drove his friends to Mr. [redacted] s residence at [redacted] in the Bronx. When he pulled up in front of the location, PO [redacted] and PO Rafael Morales of the 44th Precinct drove up behind them in a marked vehicle and initiated a vehicle stop (Allegations [redacted] B). Mr. [redacted] alleged that several officers then rushed towards the car, pointing their guns at the windshield [redacted] Mr. [redacted] and Mr. [redacted] who were in the two front seats, were ordered out of the vehicle, and directed to the rear of the van. There, PO [redacted] reached into Mr. [redacted] breast pocket and removed cash that he had been keeping there [redacted] He did not frisk or pat Mr. [redacted] at that time. Mr. [redacted] then alleged that several other officers entered the van and searched the interior. PO [redacted] then went around the side of the van to join them [redacted] PO [redacted] returned from the side of the van and displayed a marijuana cigarette to Mr. [redacted] He then placed Mr. [redacted] in handcuffs. After Mr. [redacted] was restrained, PO [redacted] drew his gun and pointed it at Mr. [redacted] Mr. [redacted] Mr. [redacted] and Ms. [redacted] asked the officers several times why Mr. [redacted] was being arrested. PO Morales told them to step away from him. When they persisted in their questioning, PO Morales told them, "Didn't we tell you to walk away? Do you want to go to jail?"
[redacted] Read report for details.


Details

Incident: March 4, 2016
Received: March 21, 2016
Closed: August 29, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Kevin Grayson, Marc Oconnor