Complaint #201604697,
May 19, 2016

Officer: Marte, Luis
Complainant: Hispanic Female, 24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Marte, Luis
Complainant: Hispanic Female, 24
Allegation: Offensive Language: Gender
CCRB Conclusion: Substantiated (Charges)
Officer: Marte, Luis
Complainant: Hispanic Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Marte, Luis
Complainant: Hispanic Male, 26
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Marte, Luis
Complainant: Hispanic Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Marte, Luis
Complainant: Female, 32
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Marte, Luis
Complainant: Hispanic Female, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Marte, Luis Hispanic Female, 24 Abuse of Authority: Threat of arrest Unsubstantiated
Marte, Luis Hispanic Female, 24 Offensive Language: Gender Substantiated (Charges)
Marte, Luis Hispanic Male, 26 Discourtesy: Word Substantiated (Charges)
Marte, Luis Hispanic Male, 26 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Marte, Luis Hispanic Male, 26 Force: Physical force Substantiated (Charges)
Marte, Luis Female, 32 Abuse of Authority: Threat of arrest Substantiated (Charges)
Marte, Luis Hispanic Female, 24 Discourtesy: Word 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.


Penalty

Marte, Luis
Closed: Not guilty after trial-PC Approved, October 10, 2017
APU Not guilty

Summary

On May 19, 2016, at approximately 4:24am, [redacted] was arrested by officers from the 44th Precinct for fighting outside of the Budda Lounge, an establishment located at 1353 Edward L. Grant Highway in the Bronx. Also arrested with [redacted] was [redacted] who was involved in the altercation. PO Luis Marte of the 44th Precinct allegedly told [redacted] "I don't give a fuck," in response to [redacted]s denial that he had been fighting (Allegation A).
Also on scene was [redacted]s girlfriend. PO Marte allegedly called [redacted] a "bird bitch," and told her to "shut the fuck up" (Allegation B and Allegation C). PO Marte also told both [redacted] and [redacted] and [redacted]s colleague) that if they did not leave, they would be arrested as well (Allegation D and Allegation E)
En route to the 44th Precinct stationhouse, PO Marte and [redacted] argued over the circumstances of the arrest, at which point PO Marte allegedly told [redacted] "When we get to the stationhouse, I'm going to fuck you up"(Allegation F).
At the 44th Precinct stationhouse, PO Marte and his partner, PO Justin Prieto of the 44th Precinct, took [redacted] directly to a back cell area in an effort to calm him down before introducing him to other prisoners in holding. After removing [redacted]s handcuffs, PO Marte allegedly tripped [redacted] to the ground and punched him several times with a closed fist to the right side of [redacted]s upper face and forehead (Allegation G).
Video footage was obtained by IAB during their call-out investigation and provided to the CCRB, but the video has no audio and only captures some of the interactions between civilians prior to the officers' arrival. Read report for details.


Details

Incident: May 19, 2016
Received: June 1, 2016
Closed: October 25, 2016
Last Updated: October 2, 2025

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

Witness Officers: Dunia Palacios, Justin Prieto
Video evidence collected