Complaint #201602711,
March 8, 2016

Officer: Duran, Salvador
Complainant: Black Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Duran, Salvador
Complainant: Black Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Duran, Salvador
Complainant: Black Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Garrett, Spencer
Complainant: Black Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Duran, Salvador Black Male, 19 Abuse of Authority: Stop Substantiated (Command Discipline B)
Duran, Salvador Black Male, 19 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Duran, Salvador Black Male, 19 Abuse of Authority: Stop Unsubstantiated
Garrett, Spencer Black Male, 19 Abuse of Authority: Frisk Substantiated (Command Discipline B)

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.


Penalties

Duran, Salvador
Filed
Retired

Garrett, Spencer
No Disciplinary Action-DUP
No penalty

Summary

On March 8, 2016, at approximately 8:10 p.m., [redacted]'s friend, [redacted] was shot in front of [redacted], which is part of the [redacted]. Numerous officers of the 10th Precinct and of PSA 4 responded (BR 01).
[redacted] gathered with approximately five to seven of his friends in front of [redacted], a nearby building. [redacted] could identify only some of these friends: [redacted] and [redacted] There was another individual present known to only as '[redacted]'.
At approximately 9 p.m., while standing in front of that location, several officers from PSA 4, identified by the investigation as Sgt. Salvador Duran, Sgt. Spencer Garrett, PO Raymundo Fermin, PO Frank Zappulla, and PO Jonathan Suero, approached [redacted] and his friends.
Sgt. Duran supervised the stop of [redacted] and unidentified individuals (Allegation A). Sgt. Duran and Sgt. Garrett supervised the frisks of [redacted] and individuals (Allegations B and C). Sgt. Duran detained [redacted] and individuals by transporting them back to the 10th Precinct stationhouse (Allegation D). This incident resulted in the arrest of [redacted] who was found to have an open warrant (BR 02). Read report for details.


Details

Incident: March 8, 2016
Received: March 29, 2016
Closed: September 22, 2016

Reason for contact: Report-gun possession/shots fired
Location: NYCHA
In NYPD 10th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Brian Abuyen, Amar Bhairam, Edward Bullock, Sean Carroll, Raymundo Fermin, Mariusz Jasiurkowski, James Lamb, Christopher Ogarro, Hugo Paiz, Harry Pakiakis, Tamarah Pinckney, Jason Pulver, Nicholas Rizzo, Jonathan Suero, Edward Testa, Scott Williams, Frank Zappulla