Complaint #201700544,
January 18, 2017

Officer: Frey, Dennis
Complainant: Black Female, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Franco, Joseph
Complainant: Black Male, 31
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Altamirano, Richard
Complainant: Black Female, 30
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Franco, Joseph
Complainant: Black Male, 31
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Frey, Dennis
Complainant: Black Female, 30
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Altamirano, Richard
Complainant: Black Female, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Frey, Dennis
Complainant: Black Female, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Frey, Dennis
Complainant: Black Female, 30
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Altamirano, Richard
Complainant: Black Female, 30
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Altamirano, Richard
Complainant: Black Female, 30
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Zurita, Washington
Complainant: Black Female, 30
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Franco, Joseph
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Frey, Dennis Black Female, 30 Force: Physical force Exonerated
Franco, Joseph Black Male, 31 Force: Gun Pointed Exonerated
Altamirano, Richard Black Female, 30 Abuse of Authority: Vehicle search Unsubstantiated
Franco, Joseph Black Male, 31 Abuse of Authority: Frisk Substantiated (Formalized Training)
Frey, Dennis Black Female, 30 Force: Gun Pointed Exonerated
Altamirano, Richard Black Female, 30 Discourtesy: Word Unsubstantiated
Frey, Dennis Black Female, 30 Discourtesy: Word Unsubstantiated
Frey, Dennis Black Female, 30 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Altamirano, Richard Black Female, 30 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Altamirano, Richard Black Female, 30 Force: Gun Pointed Exonerated
Zurita, Washington Black Female, 30 Abuse of Authority: Vehicle stop Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Franco, Joseph Black Male, 31 Discourtesy: Word Unsubstantiated

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.


Penalty

Franco, Joseph
Formalized Training

Summary

On January 18, 2017, at approximately 5:00 p.m., [redacted] was inside of her car parked outside of a McDonald's at 136 West 3rd Street in Manhattan. [redacted] was with her boyfriend, [redacted] Members of the Manhattan South Narcotics Bureau were involved in an undercover buy and bust operation in the vicinity of the McDonald's. Suspecting that her vehicle might be involved with the apprehended drug dealer, [redacted]'s vehicle was stopped by members of buy and bust operation on the instruction of Lt. Washington Zurita (Allegation A). PO Dennis Frey, PO Richard Altamirano (who has since been promoted to detective rank), and Det. Joseph Franco approached the vehicle with their guns drawn and pointed at [redacted] and [redacted] (Allegation B-D). PO Frey, PO Altamirano, and Det. Franco allegedly told [redacted] and [redacted] to "get the fuck out of the car (Allegation E-G). PO Frey forcibly removed [redacted] from her car (Allegation H). Det. Franco frisked [redacted] after having him exit the vehicle (Allegation I). After [redacted] was removed from the vehicle, PO Altamirano allegedly searched her car (Allegation J). PO Frey and PO Altamirano refused to provide their name and shield numbers to [redacted] (Allegation K-L). [redacted] and [redacted] were not arrested or summonsed as a result of this incident. UF-250 stop, question, and frisk reports were prepared regarding the stop of [redacted] and [redacted] Read report for details.


Details

Incident: January 18, 2017
Received: January 23, 2017
Closed: July 28, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 6th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Sean Brown, Sean Haggerty, James Romano
Video evidence collected