Complaint #201603587,
March 29, 2016

Officer: Candelario, Juan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Korpolinski, Jason
Complainant: Black Male, 39
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Candelario, Juan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Candelario, Juan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Candelario, Juan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gargan, Ryan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Candelario, Juan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Gargan, Ryan
Complainant: Black Male, 39
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Candelario, Juan Black Male, 39 Abuse of Authority: Strip-searched Unsubstantiated
Korpolinski, Jason Black Male, 39 Abuse of Authority: Retaliatory arrest Substantiated (Formalized Training)
Candelario, Juan Black Male, 39 Abuse of Authority: Other Substantiated (Formalized Training)
Candelario, Juan Black Male, 39 Abuse of Authority: Search (of person) Unsubstantiated
Candelario, Juan Black Male, 39 Abuse of Authority: Frisk Substantiated (Formalized Training)
Gargan, Ryan Black Male, 39 Abuse of Authority: Search (of person) Unsubstantiated
Candelario, Juan Black Male, 39 Abuse of Authority: Stop Unsubstantiated
Gargan, Ryan Black Male, 39 Abuse of Authority: Stop Unsubstantiated

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

Korpolinski, Jason
Formalized Training

Candelario, Juan
Formalized Training

Summary

On March 29, 2016, at approximately 11:45 a.m., [redacted] was walking in the vicinity of [redacted] in the Bronx. [redacted] testified that after purchasing a tea from a corner store, he was walking towards a restaurant where he intended to eat, holding his cup of tea in his hand. [redacted] indicated that he had not purchased or sold any illicit item.
As [redacted] walked, he alleged that two members of the Public Service Area (PSA) 7 Conditions team, PO Juan Candelario and PO Ryan Gargan, stopped him (Allegations A and B). [redacted] alleged that PO Candelario took the tea container out of his hand, opened it, and looked inside it (Allegation C). [redacted] alleged that PO Gargan and PO Candelario simultaneously reached inside the sleeves of his long sleeve shirt (Allegations D and E). [redacted] alleged that PO Candelario felt around his waistband and patted the outside of his back pants pocket (Allegation F), before removing his wallet from this pocket (subsumed in Allegation E).
[redacted] was arrested under the supervision of Sgt. Jason Korpolinski (Allegation G). Two other members of the PSA 7 Conditions team, PO Michael Pando and PO Yahkeem Allah, reportedly communicated to Sgt. Korpolinski that [redacted] had engaged in what appeared to be a hand-to-hand drug transaction. [redacted] was transported to the PSA 7 stationhouse. [redacted] alleged that inside a private holding cell, PO Candelario ordered him to pull down his pants and underwear, and to squat and cough (Allegation H). Sgt. Korpolinski, PO Candelario, PO Gargan, and PO Allah each failed to prepare a memo book entry regarding this incident (Allegations I through L).
[redacted] sole arrest charge was for criminal sale of a controlled substance in the fifth degree, but the arrest was ultimately voided prior to an arraignment (Board Review 01).
This case was delayed due to the fact that documents requested from PSA 7 were approximately one month overdue.
[redacted] Read report for details.


Details

Incident: March 29, 2016
Received: April 25, 2016
Closed: October 25, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Michael Pando, Yahkeem White, Karolina Wierzchowska