Complaint #201603884,
May 3, 2016

Officer: Phillips, Martin
Complainant: Hispanic Female, 38
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Aybar, Chris
Complainant: Hispanic Female, 38
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Aybar, Chris
Complainant: Hispanic Female, 38
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Phillips, Martin Hispanic Female, 38 Abuse of Authority: Threat of arrest Exonerated
Aybar, Chris Hispanic Female, 38 Abuse of Authority: Threat of arrest Exonerated
Aybar, Chris Hispanic Female, 38 Abuse of Authority: Seizure of property Exonerated

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.

Further details on conclusions.


Summary

On May 3, 2016, at approximately 7:00 p.m., [redacted] arrived at [redacted] in the Bronx where her [redacted]-old son, [redacted] was arrested and handcuffed in the back of a marked RMP. [redacted] learned that [redacted] had been accused of trying to drive away in his grandmother's vehicle after he was told to exit the vehicle by officers. Sergeant Ricardo Wyman, Police Officer Chris Aybar, and Police Officer Merita Hoxha of the 42nd Precinct were also present. [redacted] spoke to Sgt. Wyman and explained that the vehicle belonged to her mother. Sgt. Wyman released the vehicle to [redacted] and told her that she could pick up [redacted] at the 42nd Precinct stationhouse where he would be issued a summons for [redacted].
[redacted] drove to the 42nd Precinct stationhouse in the vehicle. PO Aybar asked [redacted] if she was driving the vehicle involved in her son's arrest. [redacted] repeatedly asked why and was informed by PO Aybar that the vehicle was going to be vouchered. [redacted] explained that Sgt. Wyman had released the vehicle to her. PO Aybar and PO Hoxha asked [redacted] to walk outside with them and Police Officer Martin Phillips of the 42nd Precinct. PO Aybar allegedly warned [redacted] that she would be arrested if she did not provide the keys to the vehicle (Allegation A). PO Phillips allegedly took out his gloves and handcuffs and held [redacted] right wrist with his left hand and told her, "Either you give me the keys right now or we arrest you for obstructing governmental administration." (Allegation B) [redacted] gave the keys to the vehicle to the officers during which time PO Phillips let go of her hand. The officers allegedly seized [redacted]'s mother's vehicle (Allegation C). PO Aybar did not allow [redacted] to take her phone from the vehicle. PO Aybar and PO Hoxha drove away in [redacted]'s mother's vehicle. Read report for details.


Details

Incident: May 3, 2016
Received: May 5, 2016
Closed: October 7, 2016

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

Witness Officers: Merita Hoxha, Ricardo Wyman