Complaint #201609147,
October 6, 2016

Officer: Rosario, Fidel
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rosario, Fidel
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rosario, Fidel
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rosario, Fidel
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Rosario, Fidel
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rosario, Fidel
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rosario, Fidel
Complainant: Hispanic Male, 16
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Rosario, Fidel
Complainant: Hispanic Male, 16
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Rosario, Fidel Hispanic Male, 17 Abuse of Authority: Stop Substantiated (Formalized Training)
Rosario, Fidel Hispanic Male, 19 Abuse of Authority: Stop Substantiated (Formalized Training)
Rosario, Fidel Hispanic Male, 17 Abuse of Authority: Frisk Substantiated (Formalized Training)
Rosario, Fidel Hispanic Male, 19 Abuse of Authority: Frisk Substantiated (Formalized Training)
Unknown Officer Hispanic Male, 18-20 Discourtesy: Word Officer(s) Unidentified
Rosario, Fidel Hispanic Male, 19 Abuse of Authority: Frisk Substantiated (Formalized Training)
Rosario, Fidel Hispanic Male, 19 Abuse of Authority: Stop Substantiated (Formalized Training)
Rosario, Fidel Hispanic Male, 16 Abuse of Authority: Stop Exonerated
Rosario, Fidel Hispanic Male, 16 Abuse of Authority: Frisk 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.
'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.

Further details on conclusions.


Penalty

Rosario, Fidel
Formalized Training

Summary

On October 6, 2016, at approximately 1:30 a.m., [redacted] was outside of Halal Kennedy Fried Chicken at 1375 Boston Road in the Bronx. [redacted] was with his brother, [redacted] his cousin, [redacted] and a third individual who was identified by the investigation as [redacted] Sergeant Fidel Rosario, Police Officer Christopher Britton, and Police Officer Andrew Yakubovsky of the 42nd Precinct Anti-Crime team parked in front of the location in an unmarked RMP and exited the vehicle. The officers suspected one person in the group of being involved in menacing a civilian, [redacted] with a gun approximately five to ten minutes prior.
Police Officer Yakubovsky detained [redacted] outside and Police Officer Britton and Sergeant Rosario entered the location (Allegation A). One of the officers patted down the exterior of [redacted]'s clothing but did not search him (Allegation B). Officers also patted down [redacted] and [redacted] (Allegations C, D, E, F, G, and H). A patrol unit arrived at the location. [redacted] who was in the back of the marked vehicle, identified [redacted] as the person who had pointed a firearm at him earlier in the evening.
[redacted] was placed in handcuffs and an unidentified plainclothes officer allegedly told [redacted] to "back the fuck off," (Allegation I). [redacted] was transported to the stationhouse and charged with criminal possession of a weapon (Board Review 01). Read report for details.


Details

Incident: October 6, 2016
Received: November 1, 2016
Closed: May 19, 2017

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD 42nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Christopher Britton, Edgar Duncan, Andrew Yakubovsky
Video evidence collected