Complaint #201606760,
August 5, 2016

Officer: Duran, Elvis
Complainant: Hispanic Male, 46
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Frias, Miguel
Complainant: Hispanic Male, 46
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Baez, Felix
Complainant: Hispanic Male, 46
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Discourtesy: Action
CCRB Conclusion: Officer(s) Unidentified
Officer: Tejeda, Ramon
Complainant: White Female, 39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Baez, Felix
Complainant: Hispanic Male, 46
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Duran, Elvis
Complainant: Hispanic Male, 46
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Osullivan, Jerry
Complainant: Hispanic Male, 46
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Unsubstantiated
Officer: Duran, Elvis
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Duran, Elvis
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Baez, Felix
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Baez, Felix
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Contreras, Raymond
Complainant: Black Female
Allegation: Offensive Language: Gender
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Contreras, Raymond
Complainant: White Female, 39
Allegation: Offensive Language: Gender
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Frias, Miguel
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Frias, Miguel
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Frias, Miguel
Complainant: Hispanic Male, 46
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Duran, Elvis
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Frias, Miguel
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Baez, Felix
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Duran, Elvis Hispanic Male, 46 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)
Frias, Miguel Hispanic Male, 46 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline B)
Baez, Felix Hispanic Male, 46 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)
Unknown Officer Hispanic Male, 45-49 Discourtesy: Action Officer(s) Unidentified
Tejeda, Ramon White Female, 39 Abuse of Authority: Threat of arrest Exonerated
Baez, Felix Hispanic Male, 46 Discourtesy: Word Substantiated (Command Discipline A)
Duran, Elvis Hispanic Male, 46 Discourtesy: Word Substantiated (Command Discipline A)
Unknown Officer Hispanic Male, 45-49 Discourtesy: Word Officer(s) Unidentified
Osullivan, Jerry Hispanic Male, 46 Abuse of Authority: Retaliatory arrest Unsubstantiated
Duran, Elvis Male Abuse of Authority: Stop Unsubstantiated
Duran, Elvis Male Abuse of Authority: Frisk Substantiated (Command Discipline A)
Baez, Felix Male Abuse of Authority: Stop Unsubstantiated
Baez, Felix Male Abuse of Authority: Frisk Substantiated (Command Discipline A)
Contreras, Raymond Black Female Offensive Language: Gender Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Offensive Language: Other on December 9, 2024
Contreras, Raymond White Female, 39 Offensive Language: Gender Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Offensive Language: Other on December 9, 2024
Frias, Miguel Male Abuse of Authority: Stop Unsubstantiated
Frias, Miguel Male Abuse of Authority: Frisk Substantiated (Command Discipline B)
Frias, Miguel Hispanic Male, 46 Discourtesy: Word Substantiated (Command Discipline B)
Duran, Elvis Male Abuse of Authority: Search (of person) Unsubstantiated
Frias, Miguel Male Abuse of Authority: Search (of person) Unsubstantiated
Baez, Felix Male Abuse of Authority: Search (of person) Unsubstantiated
Unknown Officer Hispanic Male, 45-49 Abuse of Authority: Search of recording device Unfounded

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
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Frias, Miguel
No Disciplinary Action-DUP
No penalty

Duran, Elvis
No Disciplinary Action-DUP
No penalty

Baez, Felix
No Disciplinary Action-DUP
No penalty

Summary

On August 5, 2016, at approximately 10:40 p.m., anti-crime officers PO Elvis Duran, PO Felix Baez, and Sgt. Miguel Frias, all of PSA 7, stopped two unknown males in front of a NYCHA building located at [redacted] in the Bronx (Allegations A, B, and C: Abuse of Authority, [redacted]). PO Duran and PO Baez frisked the males under the supervision of Sgt. Frias (Allegations D, E, and F: Abuse of Authority, [redacted]). PO Duran and PO Baez also allegedly searched the males under Sgt. Frias's supervision (Allegations, G, H, and I: Abuse of Authority, [redacted]). [redacted] who is the founder of an activist group known as [redacted] then arrived on the scene and began filming the officers. The officers warned and admonished the males they stopped without issuing summonses. As the officers walked away from the scene, they and [redacted] used profanity toward each other (Allegations J, K, and L: Discourtesy, [redacted]). PO Duran and Sgt. Frias then ordered [redacted] to disperse and when [redacted] did not leave, they placed him under arrest for disorderly conduct (Allegations M, N, and O: Abuse of Authority, [redacted]). On arriving inside the stationhouse, unknown PSA 7 officers recognized [redacted] began clapping and cheering his arrest, and used various profanity toward him (Allegations P, and Q: Discourtesy, [redacted]). While at the front desk of the stationhouse, PO Baez and PO Duran discovered a radio on [redacted] that was capable of transmitting on NYPD frequency. [redacted] was then charged with criminal use of an access device and unlawful possession of a radio (also Allegations M, N, and O: Abuse of Authority, [redacted]). [redacted] was transported to Bronx Central Booking where Bronx ADA Nicole Fitzpatrick declined to prosecute his case because she determined that the officers did not have probable cause to sustain [redacted] s disorderly conduct and radio charges and [redacted] was released.
Deputy Inspector Jerry O'Sullivan was informed of [redacted] s arrest and subsequent release and spoke to the... Read report for details.


Details

Incident: August 5, 2016
Received: August 7, 2016
Closed: February 2, 2018
Last Updated: December 11, 2024

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Eric Dym
Video evidence collected