Complaint #201603275,
June 2, 2015

Officer: Alvarez, Ruben
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Hawreluk, Robert
Complainant: Hispanic Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Hawreluk, Robert
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Hawreluk, Robert
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Alvarez, Ruben
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Russell, Kenneth
Complainant: Hispanic Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Russell, Kenneth
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Russell, Kenneth
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Hawreluk, Robert
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Alvarez, Ruben
Complainant: Hispanic Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Hawreluk, Robert
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Alvarez, Ruben
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Russell, Kenneth
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Alvarez, Ruben
Complainant: Hispanic Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Alvarez, Ruben Hispanic Male, 32 Abuse of Authority: Stop Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Hawreluk, Robert Hispanic Male, 32 Force: Physical force Unsubstantiated
Hawreluk, Robert Hispanic Male, 32 Abuse of Authority: Retaliatory arrest Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Hawreluk, Robert Hispanic Male, 32 Abuse of Authority: Search (of person) Unsubstantiated
Alvarez, Ruben Hispanic Male, 32 Abuse of Authority: Refusal to provide name/shield number Unfounded
Russell, Kenneth Hispanic Male, 32 Force: Physical force Unsubstantiated
Russell, Kenneth Hispanic Male, 32 Abuse of Authority: Stop Exonerated
Russell, Kenneth Hispanic Male, 32 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Hawreluk, Robert Hispanic Male, 32 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Alvarez, Ruben Hispanic Male, 32 Discourtesy: Word Exonerated
Hawreluk, Robert Hispanic Male, 32 Abuse of Authority: Stop Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Alvarez, Ruben Hispanic Male, 32 Abuse of Authority: Retaliatory arrest Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Russell, Kenneth Hispanic Male, 32 Abuse of Authority: Retaliatory arrest Substantiated (Formalized Training)
Alvarez, Ruben Hispanic Male, 32 Force: Physical force Unsubstantiated

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

Russell, Kenneth
Formalized Training

Alvarez, Ruben
Formalized Training

Hawreluk, Robert
Formalized Training

Summary

A man was on the stoop of his home in the Bronx with a friend. Three narcotics detectives, driving by, believed that they saw a hand-to-hand transaction (one man had in fact paid the other back five dollars that had been borrowed). The narcotics officers approached the men and asked to see their IDs. The man who lived in the house declined, saying he was on his own property. He then asked the officers for their names and shield numbers.
At least one officer provided his name and shield number, and the man went into his house to get a pen and write the number down. When he returned with the pen, the officers tackled him and arrested him for making excessive noise. The officers stated that a crowd had gathered because the man had been shouting, and that he had been threatening them with the pen.
A neighbor had recorded the entire scene on video, and while the recording did show that one officer had provided his badge number, it demonstrated that no crowd had gathered and that the man was holding the pen by his waist when the officers tackled him. No narcotics were recovered.
The CCRB found that while the officers were justified in making the initial stop and inquiry, they had arrested the man without probable cause and lied in their CCRB interviews.
The NYPD provided each officer with formalized training. Read report for details.


Details

Incident: June 2, 2015
Received: April 18, 2016
Closed: October 25, 2016

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

Video evidence collected