Complaint #201610050,
December 3, 2016

Officer: Matos, Mayko
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Matos, Mayko
Complainant: Hispanic Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Matos, Mayko
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Labianca, John
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Labianca, John
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Butler, William
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Matos, Mayko
Complainant: Hispanic Male, 36
Allegation: Discourtesy: Gesture
CCRB Conclusion: Unsubstantiated
Officer: Matos, Mayko
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Butler, William
Complainant: Hispanic Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Matos, Mayko
Complainant: Hispanic Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Labianca, John
Complainant: Hispanic Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Joseph
Complainant: Hispanic Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Joseph
Complainant: Hispanic Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Labianca, John
Complainant: Hispanic Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Matos, Mayko
Complainant: Hispanic Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Matos, Mayko Hispanic Male, 36 Abuse of Authority: Strip-searched Substantiated (Command Discipline A)
Matos, Mayko Hispanic Male, 36 Discourtesy: Word Unsubstantiated
Matos, Mayko Hispanic Male, 36 Abuse of Authority: Search (of person) Exonerated
Labianca, John Hispanic Male, 36 Abuse of Authority: Vehicle search Exonerated
Labianca, John Hispanic Male, 36 Abuse of Authority: Vehicle stop Exonerated
Butler, William Hispanic Male, 36 Abuse of Authority: Strip-searched Substantiated (Command Discipline B)
Matos, Mayko Hispanic Male, 36 Discourtesy: Gesture Unsubstantiated
Matos, Mayko Hispanic Male, 36 Abuse of Authority: Frisk Exonerated
Butler, William Hispanic Male, 36 Discourtesy: Word Unsubstantiated
Matos, Mayko Hispanic Male, 36 Discourtesy: Word Unsubstantiated
Labianca, John Hispanic Male, 36 Discourtesy: Word Unsubstantiated
Rodriguez, Joseph Hispanic Male, 36 Discourtesy: Word Unsubstantiated
Rodriguez, Joseph Hispanic Male, 36 Force: Physical force Exonerated
Labianca, John Hispanic Male, 36 Force: Physical force Exonerated
Matos, Mayko Hispanic Male, 36 Force: Physical force 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.


Summary

At approximately 8:30 pm on December 3, 2016, [redacted] was driving alone in the vicinity of 233rd Street and Bailey Avenue in the Bronx, when he was stopped by PO John Labianca and PO Mayko Matos of the 50th Precinct (Allegation A). [redacted] informed PO Labianca that his driver's license was suspended, and that a marijuana joint was in an ashtray near the driver's seat. PO Labianca ordered [redacted] out of the car, and proceeded to search the car (Allegation B) while [redacted] stood with PO Matos at the back of the vehicle. PO Matos patted [redacted] down, removed a cell phone from [redacted] pocket (Allegation C and D) and told [redacted] "Shut the fuck up" (Allegation E). [redacted] was placed under arrest for his suspended license and marijuana possession, and was transported in their RMP to the 50th Precinct stationhouse. After arriving at the stationhouse, PO Matos discovered a pill where [redacted] had been seated in the RMP. [redacted] was processed and placed in a cell, where PO Matos, PO Labianca, and PO Rodriguez restrained him (Allegation F, G, and H) and removed his jewelry after he refused to do so. After the jewelry was removed, while [redacted] was still being restrained, Sgt. William Butler of the 50th Precinct directed PO Matos to search [redacted] which he did by reaching into [redacted] s underwear and running his hand along his genitals and buttocks (Allegations I and J). No additional contraband was found. During the strip search, all of the officers present allegedly told [redacted] to "stay the fuck still," and after the search PO Matos allegedly said to [redacted] "Everybody eats ass sometimes," and grabbed his own genitals when [redacted] asked for water (Allegations K, L, M, N, and O). [redacted] was transported to Central Booking early the next morning and was charged with criminal possession of a controlled substance, marijuana possession, and driving with a suspended license.
There is evidence that Sgt. Butler and PO Matos gave False Official Statements to the CCRB during... Read report for details.


Details

Incident: December 3, 2016
Received: December 6, 2016
Closed: May 15, 2017

Reason for contact: Other violation of VTL
Location: Police building
In NYPD 50th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Oscar Nieves, Marlene Quinones