Complaint #201606384,
March 11, 2016

Officer: Franco, Joseph
Complainant: Black Male, 22
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Brooks, Shannon
Complainant: Black Male, 22
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Medina, Herbert
Complainant: Black Male, 22
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Franco, Joseph
Complainant: Black Male, 22
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Medina, Herbert
Complainant: Black Male, 22
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Franco, Joseph
Complainant: Black Male, 22
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Brooks, Shannon
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Medina, Herbert
Complainant: Black Male, 22
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer: Medina, Herbert
Complainant: Black Male, 22
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Cabrera, Edwin
Complainant: Black Male, 22
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Brooks, Shannon
Complainant: Black Male, 22
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Brooks, Shannon
Complainant: Black Male, 22
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Franco, Joseph
Complainant: Black Male, 22
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Franco, Joseph
Complainant: Black Male, 22
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Donzo, Mohammed
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Franco, Joseph Black Male, 22 Abuse of Authority: Vehicle stop Unsubstantiated
Brooks, Shannon Black Male, 22 Abuse of Authority: Vehicle stop Unsubstantiated
Medina, Herbert Black Male, 22 Abuse of Authority: Interference with recording Unsubstantiated
Franco, Joseph Black Male, 22 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Medina, Herbert Black Male, 22 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Franco, Joseph Black Male, 22 Force: Gun Pointed Unsubstantiated
Brooks, Shannon Abuse of Authority: Gun Drawn Unsubstantiated
Medina, Herbert Black Male, 22 Abuse of Authority: Seizure of property Unsubstantiated
Medina, Herbert Black Male, 22 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Cabrera, Edwin Black Male, 22 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Brooks, Shannon Black Male, 22 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Brooks, Shannon Black Male, 22 Abuse of Authority: Vehicle search Unsubstantiated
Franco, Joseph Black Male, 22 Abuse of Authority: Frisk Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Franco, Joseph Black Male, 22 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Donzo, Mohammed Black Male, 22 Force: Physical force Unsubstantiated
Unknown Officer Hispanic Male, 18-20 Abuse of Authority: Frisk Officer(s) Unidentified
Unknown Officer Hispanic Male, 18-20 Abuse of Authority: Search (of person) Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Franco, Joseph
Command Discipline - A

Medina, Herbert
No Disciplinary Action-DUP
No penalty

Summary

On March 11, 2016, at approximately 8:50pm, in front of 438 W 18 Street in Manhattan, Detective Joseph Franco and Sergeant Shannon Brooks, both of Manhattan South Narcotics, stopped a black Mustang driven by [redacted] and occupied by [redacted] and [redacted] (Allegations A and B). [redacted] alleged that Det. Franco had his gun pointed as he approached the vehicle (Allegation C) and that Sgt. Brooks had his gun drawn (Allegation D). Detectives Herbert Medina and Edwin Cabrera arrived on the scene shortly thereafter. As [redacted] attempted to record the incident with his phone, Det. Medina seized the phone (Allegations E and F). He returned it after the car stop was completed.
Sgt. Brooks ordered all of the occupants to exit the vehicle. Det. Franco ordered [redacted] to empty his pockets (Allegation G) and Det. Franco and Det. Medina then frisked [redacted] (Allegations H and I). Other officers on the scene made the same request of all the occupants of the vehicle (Allegations J and K). Det. Franco and allegedly Sgt. Brooks then searched [redacted] s vehicle (Allegation L and M).
After searching the vehicle for approximately five minutes, Sgt. Brooks and Det. Franco told everyone that they were free to leave. [redacted] returned to his Mustang, but then exited to ask Det. Medina for his shield number, since Det. Medina had seized his phone. Det. Medina allegedly refused to provide this information (Allegation N) and [redacted] then addressed all the officers on the scene and asked for everyone's shield number. Allegedly, only Det. Franco responded (Allegations O, P, and Q).
[redacted] was subsequently arrested for jumping on the hood of Det. Medina's vehicle as Det. Medina was leaving the scene. [redacted] alleged that PO Mohammed Donzo stuck his fist in his face as he was about to place in him in the prisoner van (Allegation R). Read report for details.


Details

Incident: March 11, 2016
Received: July 22, 2016
Closed: February 22, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 10th Precinct Manhattan
Outcome: Arrest - resisting arrest

Witness Officers: Robert Garland, Fabian Sanchez