Complaint #201603615,
April 16, 2016

Officer: Marte, Modesto
Complainant: Black Male, 37
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Marte, Modesto
Complainant: Black Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Marte, Modesto
Complainant: Black Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Marte, Modesto
Complainant: Black Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Kontarinis, Nikolaos
Complainant: Black Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Marte, Modesto Black Male, 37 Abuse of Authority: Vehicle search Unsubstantiated
Marte, Modesto Black Male, 37 Force: Physical force Unsubstantiated
Marte, Modesto Black Male, 37 Force: Physical force Unsubstantiated
Marte, Modesto Black Male, 37 Abuse of Authority: Vehicle stop Unsubstantiated
Kontarinis, Nikolaos Black Male, 37 Abuse of Authority: Vehicle stop Unsubstantiated

Conclusion Meanings:

'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

On April 16, 2016, at approximately 12:00 a.m., [redacted] stopped his car at the red light located at the intersection of Forest Avenue and Crystal Avenue in Staten Island, after he left the gas station located three blocks away from the intersection. [redacted] car was in working order, and he did not commit any traffic infractions while driving from the gas station to the above named intersection.
After [redacted] stopped his car at the red light, he noticed police lights flashing in his car's rear view mirror. [redacted] placed his car in park, and noticed that two police officers, identified via investigation as PO Modesto Marte and PO Nikolaos Kontarinis of SRG 5, exited from their marked police vehicle, and walked toward his car (Allegation A and Allegation B). PO Marte approached [redacted] car from the front driver side, while PO Kontarinis approached from the front passenger side. PO Marte asked [redacted] if he was drinking. [redacted] told PO Marte that he was not drinking. PO Marte then asked [redacted] to exit his car. [redacted] refused to exit his car, and asked PO Marte why the latter wanted him to step out of the car, and why PO Marte did not ask him for his driver's license and registration. [redacted] alleged that PO Marte then placed his hand inside of [redacted] car through the rolled down front driver side window, opened the front driver side door, grabbed [redacted] left arm, and pulled him out of the car (Allegation C and Allegation D). [redacted] asked PO Marte why he was pulling him out of the car. PO Marte did not respond to [redacted]
After [redacted] was allegedly pulled out of the car, PO Marte brought [redacted] to the back of his car, and tried to place him in handcuffs by allegedly twisting his left arm behind his back. [redacted] attempted to pull away from PO Marte; however, he lost his balance, and fell to the ground with the left side of his face making contact with the concrete. PO Marte then tried to grab [redacted] hands in order to place him in handcuffs; however,... Read report for details.


Details

Incident: April 16, 2016
Received: April 27, 2016
Closed: July 13, 2016

Reason for contact: Moving violation
Location: Street/highway
Outcome: Arrest - other violation/crime

Witness Officers: Matthew Fried
Video evidence collected