Complaint #201606783,
July 31, 2016

Officer: Martinez, Robert
Complainant: Black Male, 44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Martinez, Robert
Complainant: Black Male, 44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Quattrocchi, David
Complainant: Black Male, 44
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Quattrocchi, David
Complainant: Black Male, 44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Demaio, Matthew
Complainant: Black Male, 44
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Demaio, Matthew
Complainant: Black Male, 44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Demaio, Matthew
Complainant: Black Male, 44
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Martinez, Robert Black Male, 44 Abuse of Authority: Vehicle stop Exonerated
Martinez, Robert Black Male, 44 Abuse of Authority: Search (of person) Unsubstantiated
Quattrocchi, David Black Male, 44 Abuse of Authority: Vehicle search Unsubstantiated
Quattrocchi, David Black Male, 44 Abuse of Authority: Vehicle stop Exonerated
Demaio, Matthew Black Male, 44 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Demaio, Matthew Black Male, 44 Abuse of Authority: Vehicle stop Exonerated
Demaio, Matthew Black Male, 44 Abuse of Authority: Search (of person) Exonerated
CCRB Investigator Recommendation: Substantiated

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.
'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

Demaio, Matthew
Formalized Training

Summary

On July 31, 2016 at approximately 5:00a.m., [redacted] was released from [redacted] in Brooklyn and entered his vehicle, a 2004 black GMC pickup truck. [redacted] drove approximately five miles per hour on Cozine Avenue to search for a parking spot when an unmarked vehicle passed him in the opposite lane and made a U-turn to follow behind him. Approximately five minutes passed before the unmarked vehicle, a black Chevy Impala four door sedan, turned on its safety lights to signal [redacted] to pull over and [redacted] stopped the vehicle in the middle of the street on Cozine Avenue (Allegations A-C). Three officers in plainclothes with shields that hung from their necks approached [redacted] car. The officers, identified by the investigation to be Sgt. Robert Martinez and PO Matthew Demaio of the 75th Precinct, approached the driver side and passenger side of [redacted] vehicle, respectively. PO David Quattrocchi stood near the back end of [redacted] vehicle, where he observed a small square object held in his hand. Sgt. Martinez informed [redacted] he was stopped for a broken tail light which [redacted] argued was not broken as he had just checked before getting into his vehicle after he left the hospital. [redacted] is a mechanic that owns his own business and stated he always checks his vehicle before he drives it. [redacted] reached into his right breast pocket which contained his wallet, removed his driver's license from said wallet and handed his license to Sgt. Martinez after he was asked to produce identification. Sgt. Martinez then asked [redacted] to step out of the vehicle. [redacted] placed the wallet back into his breast pocket as he stepped out of the vehicle when Sgt. Martinez grabbed the wallet from inside that right breast pocket, opened it, removed a debit card and walked away toward the unmarked vehicle (Allegation D). While Sgt. Martinez walked away, PO Demaio approached [redacted] and reached into his back left pants pocket and pulled out his gloves (Allegation E). PO Demaio handed back the... Read report for details.


Details

Incident: July 31, 2016
Received: August 8, 2016
Closed: November 16, 2016

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued