Complaint #201607201,
August 20, 2016

Officer: Pena, Matthew
Complainant: Hispanic Female, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Tom, Warren
Complainant: Hispanic Female, 39
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Exonerated
Officer: Pena, Matthew
Complainant: Hispanic Female, 39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Pena, Matthew
Complainant: Hispanic Male, 52
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Pena, Matthew
Complainant: Hispanic Male, 52
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Rosario, Yowell
Complainant: Hispanic Female, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Tom, Warren
Complainant: Hispanic Male, 52
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Tom, Warren
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Tom, Warren
Complainant: Hispanic Male, 30
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Pena, Matthew Hispanic Female, 39 Force: Physical force Unsubstantiated
Tom, Warren Hispanic Female, 39 Abuse of Authority: Threat of summons Exonerated
Pena, Matthew Hispanic Female, 39 Abuse of Authority: Threat of arrest Exonerated
Pena, Matthew Hispanic Male, 52 Abuse of Authority: Threat to damage/seize property Substantiated (Formalized Training)
Pena, Matthew Hispanic Male, 52 Abuse of Authority: Vehicle search Unsubstantiated
Rosario, Yowell Hispanic Female, 39 Force: Physical force Unsubstantiated
Tom, Warren Hispanic Male, 52 Abuse of Authority: Seizure of property Exonerated
Tom, Warren Abuse of Authority: Premises entered and/or searched Alleged Victim Uncooperative
Tom, Warren Hispanic Male, 30 Abuse of Authority: Threat of summons Exonerated

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

Pena, Matthew
Formalized Training

Summary

On August 20, 2016, at approximately 12:15 a.m., Lieutenant Warren Tom and Police Officer Matthew Pena, from the 34th Precinct, patrolled [redacted] in Manhattan, due to numerous noise complaints (Board Review 19). [redacted] and [redacted] had their vehicle parked in front of [redacted] also known as [redacted], an electronic store that installs music equipment into vehicles. [redacted] was also present during the incident. [redacted] played music from a speaker attached to his vehicle prior to the officers' arrival. PO Pena allegedly searched [redacted]'s vehicle (Allegation A). Lt. Tom entered [redacted], seized [redacted]'s speaker, and threatened to issue summons to [redacted] and [redacted] (Allegations B, C, E, and F). PO Pena threatened to arrest [redacted], threatened to seize [redacted]'s vehicle, and allegedly pushed [redacted] (Allegations D, G, and I).
Lt. Tom called for additional units to translate for [redacted] and [redacted] Police Officer Yowell Rosario and Police Officer Matthew Robayo, from the 34th Precinct, responded to the call. PO Rosario allegedly pushed [redacted] (Allegation H).
[redacted] was issued summons no. [redacted] in violation of [redacted] (Board Review 01).
[redacted] recorded portions of the incident via a cellphone (Board Review 02). Read report for details.


Details

Incident: August 20, 2016
Closed: January 9, 2017

Reason for contact: Report-noise/disturbance
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Matthew Robayo
Video evidence collected