Complaint #201609960,
November 26, 2016

Officer: Avella, Alan
Complainant: White Male, 56
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Charges)
Officer: Morales, Rafael
Complainant: White Male, 56
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer: Avella, Alan
Complainant: White Male, 56
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Avella, Alan
Complainant: White Male, 56
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Morales, Rafael
Complainant: White Male, 56
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Morales, Rafael
Complainant: White Male, 56
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Avella, Alan
Complainant: White Male, 56
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Avella, Alan White Male, 56 Abuse of Authority: Vehicle search Substantiated (Charges)
Morales, Rafael White Male, 56 Abuse of Authority: Search (of person) Substantiated (Charges)
Avella, Alan White Male, 56 Discourtesy: Word Substantiated (Charges)
Avella, Alan White Male, 56 Abuse of Authority: Stop Substantiated (Charges)
Morales, Rafael White Male, 56 Abuse of Authority: Stop Substantiated (Charges)
Morales, Rafael White Male, 56 Abuse of Authority: Frisk Substantiated (Charges)
Avella, Alan White Male, 56 Abuse of Authority: Retaliatory arrest Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Avella, Alan
Closed: Previously adjudicated, with discipline, March 10, 2018
APU Closed: Previously adjudicated, with discipline
Terminated

Morales, Rafael
Forfeit vacation 7 days
Closed: Resolved by plea, August 17, 2018
APU Guilty
Forfeit vacation 7 days

Summary

On November 26, 2016, at approximately 5:30 P.M., [redacted] was inside of his truck, which was parked in front of 1301 Inwood Avenue in the Bronx, when he was approached by PO [redacted] and PO Rafael Morales, both of the 44th Precinct, and stopped (Allegations B). PO [redacted] and PO Morales began to ask Mr. [redacted] what he was doing in the area, as it was a high crime area for auto break-ins. Mr. [redacted] was confused, and while speaking to the officers PO Morales frisked and searched him (Allegations C and D). PO [redacted] continued to ask Mr. [redacted] questions, and entered his vehicle [redacted]. While inside the vehicle, PO [redacted] noticed a knife on the floor of the truck. PO [redacted] then exited the vehicle after locating its keys, and asked Mr. [redacted] where the registration for the vehicle was. After being told that it was in the center console of the vehicle, PO [redacted] re-entered the vehicle, found the registration, and then took the knife out of the vehicle. After speaking more with Mr. [redacted], PO [redacted] arrested him for possession of a gravity knife [redacted] and brought him to the 44th Precinct stationhouse to be processed. While bringing Mr. [redacted] out of the holding cell, PO [redacted] allegedly said, "You're a fucking criminal and you deserve what you get. If you want to be here all night, I can arrange that" [redacted]. Mr. [redacted] was then escorted out of the stationhouse and given a Desk Appearance Ticket. As a result of this incident, Mr. [redacted] was charged with criminal possession of a weapon in the fourth degree. PO Morales did not prepare a memo book entry for this incident (Allegation H), and neither PO Morales nor PO [redacted] prepared a Stop, Question and Frisk Report (UF-250) in regards to this incident (Allegations [redacted] J). Read report for details.


Details

Incident: November 26, 2016
Received: December 2, 2016
Closed: June 8, 2017

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Video evidence collected