Complaint #201607176,
August 14, 2016

Officer: Baez, Felix
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Baez, Felix
Complainant: Black Male, 31
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unsubstantiated
Officer: Baez, Felix
Complainant: Black Male, 31
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Frias, Miguel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Baez, Felix
Complainant: Black Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Frias, Miguel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Frias, Miguel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Frias, Miguel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Frias, Miguel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer: Berrios, Eric
Complainant: Black Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Baez, Felix
Complainant: Black Male, 31
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Baez, Felix
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Frias, Miguel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Electronic device information deletion
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Baez, Felix Black Male, 31 Discourtesy: Word Unsubstantiated
Baez, Felix Black Male, 31 Force: Handcuffs too tight Unsubstantiated
Baez, Felix Black Male, 31 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Frias, Miguel Black Male, 31 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Baez, Felix Black Male, 31 Abuse of Authority: Stop Substantiated (Command Discipline A)
Frias, Miguel Black Male, 31 Abuse of Authority: Stop Substantiated (Command Discipline A)
Frias, Miguel Black Male, 31 Abuse of Authority: Interference with recording Unsubstantiated
Frias, Miguel Black Male, 31 Abuse of Authority: Search (of person) Unsubstantiated
Frias, Miguel Black Male, 31 Abuse of Authority: Search of recording device Unsubstantiated
Berrios, Eric Black Male, 31 Abuse of Authority: Threat of arrest Unsubstantiated
Baez, Felix Black Male, 31 Abuse of Authority: Property damaged Unsubstantiated
Baez, Felix Black Male, 31 Discourtesy: Word Unsubstantiated
Frias, Miguel Black Male, 31 Abuse of Authority: Electronic device information deletion 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.


Penalties

Frias, Miguel
Command Discipline - A

Baez, Felix
Command Discipline - A

Summary

On August 14, 2016, at approximately 12:10 a.m., PO Felix Baez and Sgt. Miguel Frias, of the PSA 7 Anti-Crime Team, spotted [redacted] in the area of the Webster-Butler Houses NYCHA complex, which is in the vicinity of East 171st Street and Washington Avenue in the Bronx. After walking through the complex, [redacted] was stopped by PO Baez and Sgt. Frias in the vicinity of St. Paul's Place and Washington Avenue, approximately one block from where he had first been observed by the officers (Allegations A and B). [redacted] began recording the incident on his cell phone, but Sgt. Frias took the phone from his hand (Allegation C). The officers asked [redacted] for his ID, which he provided without additional prompting. PO Baez made a phone call, and Sgt. Frias ordered [redacted] to place his bag on the ground. Sgt. Frias then allegedly searched [redacted] bag, which contained three bottles of alcohol (Allegation D). Sgt. Frias, still possessing [redacted] phone, allegedly searched the phone for approximately 30 seconds before returning it to [redacted] (Allegation E). The phone reportedly no longer contained video footage of the incident (Allegation F).
Sgt. Frias ordered [redacted] to place his hands on the hood of the RMP. [redacted] found the hood of the RMP to be hot and placed a towel on the hood to alleviate the heat form his hands as he was about to be handcuffed. PO Baez allegedly pushed [redacted] hand holding the towel off of the hood, knocking the cell phone out of [redacted] hand and cracking the screen (Allegation G). After this, PO Baez's phone lit up red, and PO Baez informed [redacted] that he was identified as a witness in an investigation and that the officers had to bring him to the PSA 7 stationhouse. The officers then handcuffed [redacted] without issue.
The officers transported [redacted] to the PSA 7 stationhouse. In transport, [redacted] complained of the tightness of his handcuffs. PO Baez allegedly told [redacted] to "shut the fuck up" (Allegation H). Upon arriving at the stationhouse,... Read report for details.


Details

Incident: August 14, 2016
Received: August 22, 2016
Closed: June 8, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Summons - other violation/crime