Complaint #201607457,
August 21, 2016

Summary

On August 21, 2016, at approximately 3:00 p.m., [redacted] was at Orchard Beach in the Bronx. [redacted] testified (Board Review 01) that he had two unopened, 12-ounce cans of Coors Light beer, one in each of his front two swimsuit pockets.
Two uniformed officers—PO Michael Rios of Patrol Borough Bronx and PO Edwin Garcia of the 41st Precinct drove towards [redacted] in a marked police vehicle. PO Rios testified (Board Reviews 02 and 12) that he intended to issue [redacted] a summons, because he saw him with two cans of beer in a public place with the intent to drink them, although he never saw [redacted] with an open container of alcohol. PO Garcia testified (Board Review 03) that he did not initially see the containers of alcohol.
PO Rios and PO Garcia exited their vehicle, approached [redacted] on foot, and PO Rios told him that he could issue him a summons (see allegations not pleaded). [redacted] alleged that after verbally challenging that he could be issued a summons for unopened cans of beer and refusing to provide his identification, PO Garcia told him that he could be arrested (see allegations not pleaded).
[redacted] eventually provided his driver's license, along with his transit worker identification card. [redacted] alleged that PO Rios responded, "Oh shit, you're a transit worker?" (Allegation A). PO Rios then issued [redacted] a summons (Board Review 04) (Allegation B). The summons was ultimately dismissed (Board Review 05). Read report for details.