Complaint #201606347,
July 3, 2016

Officer: Cavallaro, Charles
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Cavallaro, Charles
Complainant: Hispanic Male, 24
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 24
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Tobin, James
Complainant: Hispanic Male, 24
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Gomez, Juan
Complainant: Hispanic Male, 24
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Juan
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Tobin, James
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Gomez, Juan
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Tobin, James
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Cavallaro, Charles
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Juan
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Cavallaro, Charles
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Tobin, James
Complainant: Hispanic Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Cavallaro, Charles
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Board Conclusion
Cavallaro, Charles Hispanic Male, 24 Abuse of Authority: Vehicle stop Unsubstantiated
Cavallaro, Charles Hispanic Male, 24 Force: Gun Pointed Exonerated
Rivera, Edmundo Hispanic Male, 24 Force: Gun Pointed Exonerated
Tobin, James Hispanic Male, 24 Force: Gun Pointed Exonerated
Gomez, Juan Hispanic Male, 24 Force: Gun Pointed Exonerated
Rivera, Edmundo Hispanic Male, 24 Discourtesy: Word Exonerated
Rivera, Edmundo Hispanic Male, 24 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Gomez, Juan Hispanic Male, 24 Abuse of Authority: Frisk Exonerated
Tobin, James Hispanic Male, 24 Abuse of Authority: Frisk Exonerated
Gomez, Juan Hispanic Male, 24 Abuse of Authority: Search (of person) Unsubstantiated
Tobin, James Hispanic Male, 24 Abuse of Authority: Search (of person) Unsubstantiated
Rivera, Edmundo Hispanic Male, 23 Abuse of Authority: Frisk Unsubstantiated
Rivera, Edmundo Hispanic Male, 22 Abuse of Authority: Frisk Unsubstantiated
Unknown Officer Hispanic Male Abuse of Authority: Frisk Alleged Victim Uncooperative
Unknown Officer Hispanic Male Abuse of Authority: Search (of person) Alleged Victim Uncooperative
Cavallaro, Charles Hispanic Male, 24 Abuse of Authority: Vehicle search Unsubstantiated
Gomez, Juan Hispanic Male, 24 Discourtesy: Word Unsubstantiated
Cavallaro, Charles Hispanic Male, 24 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Tobin, James Hispanic Male, 23 Discourtesy: Word Unsubstantiated
Cavallaro, Charles Hispanic Male, 24 Abuse of Authority: Strip-searched Unsubstantiated
Unknown Officer Hispanic Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 July 3, 2016, at approximately 7:05 p.m., [redacted] was in the backseat of a vehicle driven by his friend, [redacted] with two of [redacted]s other friends, [redacted] and [redacted] when they were pulled over by Sergeant Charles Cavallaro, Police Officer James Tobin, Police Officer Edmundo Rivera, and Police Officer Juan Gomez, all of the 52nd Precinct, at the intersection of East 194 Street and Bainbridge Avenue in the Bronx (Allegation A).
Sgt. Cavallaro, PO Rivera, PO Tobin, and PO Gomez all allegedly drew and pointed their guns at the vehicle (Allegations B, C, D, and E). PO Rivera allegedly yelled, "Don't fucking move or you'll get shot" (Allegations F and G). PO Tobin and PO Gomez pulled [redacted] from the vehicle. [redacted] and [redacted] also exited the vehicle.
PO Gomez and PO Tobin both frisked and searched [redacted] (Allegations H, I, J, and K). PO Rivera frisked [redacted] (Allegation L) and [redacted] (Allegation M). An unidentified officer frisked and searched [redacted] (Allegation N and O). Under the supervision of Sgt. Cavallaro, officers searched [redacted]s vehicle (Allegation P).
Sgt. Cavallaro recovered a small plastic bag of marijuana. It is disputed from whence this marijuana was recovered. Sgt. Cavallaro said, "fucking...are you serious? Stupid motherfucker," to [redacted] (Allegation Q). PO Tobin told [redacted] repeatedly to "Shut the fuck up" (Allegation R). PO Gomez told [redacted] "Shut the fuck up. No one cares" (Allegation S).
[redacted] was placed under arrest for [redacted] (BR 02). The bag of marijuana that Sgt. Cavallaro recovered was field tested positive and vouchered in support of [redacted]s arrest (BR 38). [redacted] and [redacted] were not arrested or issued summonses and were released from the scene. En route back to the 52nd Precinct stationhouse, [redacted] said he was going to call his lawyer, to which PO Gomez replied, "Tell your lawyer to suck my dick" (subsumed under Allegation S).
Upon arrival to the 52nd Precinct stationhouse, Sgt. Cavallaro... Read report for details.


Details

Incident: July 3, 2016
Received: July 22, 2016
Closed: November 16, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Video evidence collected