| Officer: | Kern, Sean |
|---|---|
| Complainant: | Black Male, 31 |
| Allegation: | Abuse of Authority: Vehicle stop |
| CCRB Conclusion: | Exonerated |
| Officer: | Kern, Sean |
| Complainant: | Male, 34 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Ayala, Joel |
| Complainant: | Male, 34 |
| Allegation: | Abuse of Authority: Vehicle stop |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Kern, Sean | Black Male, 31 | Abuse of Authority: Vehicle stop | Exonerated |
| Kern, Sean | Male, 34 | Abuse of Authority: Threat of force (verbal or physical) | Unsubstantiated |
| Ayala, Joel | Male, 34 | Abuse of Authority: Vehicle stop | Exonerated |
Further details on conclusions.
On April 16, 2016 at approximately 1:00 a.m., [redacted] was driving with [redacted] in the passenger seat on [redacted] in the Bronx. From [redacted], [redacted] made a left turn onto University Avenue and then PO Joel Ayala and PO Sean Kern of the 52nd Precinct activated their lights and sirens. [redacted] continued driving for several more blocks before eventually stopping his vehicle next to a fire hydrant, [redacted] in the Bronx (Allegation A and B).
[redacted] exited his vehicle and began walking away when PO Ayala and PO Kern pulled their van up next to him, and exited their vehicle. PO Kern attempted to stop [redacted] and [redacted] denied that he was driving the stopped vehicle. PO Kern and PO Ayala placed [redacted] in handcuffs and placed him in their van. PO Ayala and PO Kern then approached the stopped vehicle and asked [redacted] for registration and paperwork for the vehicle, which [redacted] could not provide. From the officers' van, [redacted] began yelling at [redacted] to not tell the officers anything. He also began kicking the windows of the police van and yelling at passersby to record the incident. As he was yelling, PO Kern allegedly stated to [redacted] that he was going to, "Break his jaw." (Allegation C). [redacted] a resident of [redacted] awoke to the sounds and filed this complaint with IAB, reporting that she witnessed an officer arguing with the driver of a stopped vehicle to exit his vehicle. She then reported that she observed that officer open the driver's door enter the vehicle while the occupant was still inside, and drove away with the occupant, followed by a police van.
Due to [redacted]'s demeanor, the officers transported [redacted] and their vehicle back to the stationhouse to further investigate the ownership of the vehicle, as no paperwork had been provided. At the stationhouse, PO Ayala determined that the vehicle belonged to one of [redacted]'s relatives. Officers also ran warrant checks on both [redacted] and [redacted]. Officers then issued [redacted] a summons...
Read report for details.