Complaint #201610287,
December 10, 2016

Officer: Martinez, Robert
Complainant: Black Male, 38
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Martinez, Robert
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Martinez, Robert
Complainant: Black Male, 38
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Martinez, Robert
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Martinez, Robert
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Quattrocchi, David
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Schumacher, William
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Quattrocchi, David
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Quattrocchi, David
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Martinez, Robert Black Male, 38 Abuse of Authority: Interference with recording Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Martinez, Robert Black Male, 26 Abuse of Authority: Frisk Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Martinez, Robert Black Male, 38 Discourtesy: Word Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Martinez, Robert Black Male, 38 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Martinez, Robert Black Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Martinez, Robert Black Male, 38 Force: Physical force Unfounded
Quattrocchi, David Black Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Schumacher, William Black Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Quattrocchi, David Black Male, 26 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Quattrocchi, David Black Male, 38 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer Black Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Abuse of Authority: Threat of arrest Officer(s) Unidentified

Conclusion Meanings:

'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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalties

Martinez, Robert
Command Discipline - B

Quattrocchi, David
Formalized Training

Summary

At approximately 1:50 AM on December 10, 2016, [redacted] was driving his vehicle with [redacted] as a passenger, when his vehicle was stopped by Sergeant Robert Martinez, Police Officer David Quattrocchi, and Police Officer William Schumacher, of the 75th Precinct at Livonia Avenue and Barbey Street in Brooklyn (Allegation A, B, and C). [redacted] then began recording the incident with his cellular phone, which he placed into the cup holder of his vehicle. Sgt. Martinez told [redacted] that he was pulled over for speeding and disobeying stop signs, after which he was asked to step out of his vehicle. Sgt. Martinez frisked [redacted] (Allegation D), and asked him to step to the back of his vehicle. [redacted] asked why he was being sent to the back of his vehicle, and Sgt. Martinez told him to, "Stop fucking around," (Allegation E). Sgt. Martinez placed his hands on [redacted]'s back and arm and slammed him onto his vehicle (Allegation F). PO Quattrocchi asked [redacted] to exit the vehicle, and PO Quattrocchi frisked [redacted] (Allegation G). [redacted] and [redacted] were sent to the back of their vehicle. Sgt. Martinez then entered the front driver's side door, and searched the vehicle (Allegation H). It was alleged that PO Quattrocchi also searched [redacted]'s vehicle (Allegation I). As Sgt. Martinez searched the vehicle, he turned [redacted]'s cellular phone upside down to obscure the view of the camera (Allegation J). Sgt. Martinez removed a small empty plastic bag from [redacted]'s vehicle, asked [redacted] what it was, and stated that it looked like a bag for narcotics. An unidentified officer stated to [redacted] "What's your address?" before pausing and stating, "Fuck," (Allegation K). Later, Sgt. Martinez asked [redacted] for his information. [redacted] did not want to give officers his information, and an officer stated, "In a minute you're going to be in handcuffs if you don't tell your name and date of birth" (Allegation L). [redacted] was given his ID back, and asked to drive more carefully. The... Read report for details.


Details

Incident: December 10, 2016
Received: December 13, 2016
Closed: September 19, 2017

Reason for contact: Moving violation
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected