| Officer: | Benlhoussain, Rachid |
|---|---|
| Allegation: | Abuse of Authority: Gun Drawn |
| CCRB Conclusion: | Substantiated (Formalized Training) |
| NYPD Disposition: | No Disciplinary Action-DUP |
| Officer: | Benlhoussain, Rachid |
| Complainant: | Black Male, 28 |
| Allegation: | Abuse of Authority: Seizure of property |
| CCRB Conclusion: | Substantiated (Formalized Training) |
| NYPD Disposition: | Formalized Training |
| Officer: | Fitzgibbon, Michael |
| Complainant: | Black Male, 28 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Substantiated (Formalized Training) |
| Officer: | Benlhoussain, Rachid |
| Complainant: | Black Male, 28 |
| Allegation: | Force: Gun Pointed |
| CCRB Conclusion: | Unfounded |
| Officer: | Fitzgibbon, Michael |
| Complainant: | Black Male, 28 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Substantiated (Formalized Training) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Benlhoussain, Rachid | Abuse of Authority: Gun Drawn | Substantiated (Formalized Training) | |
| NYPD Disposition: No Disciplinary Action-DUP | |||
| Benlhoussain, Rachid | Black Male, 28 | Abuse of Authority: Seizure of property | Substantiated (Formalized Training) |
| NYPD Disposition: Formalized Training | |||
| Fitzgibbon, Michael | Black Male, 28 | Abuse of Authority: Search (of person) | Substantiated (Formalized Training) |
| Benlhoussain, Rachid | Black Male, 28 | Force: Gun Pointed | Unfounded |
| Fitzgibbon, Michael | Black Male, 28 | Abuse of Authority: Frisk | Substantiated (Formalized Training) |
Further details on conclusions.
On January 21, 2017, at approximately 3:10 a.m., [redacted] was driving his Scion FR-S (2015) on the Belt Parkway in Queens with his date, [redacted], who was in the passenger seat. PO Rachid Benlhoussain and PO Michael Fitzgibbon, both from Highway 3, pulled him over. PO Benlhoussain approached [redacted]'s vehicle with his firearm drawn (Allegation A) and allegedly pointed (Allegation B), and [redacted] was removed from the vehicle. PO Fitzgibbon frisked and searched [redacted]'s pockets (Allegation C and D) and [redacted] was handcuffed. PO Benlhoussain had [redacted]'s vehicle towed (Allegation E). [redacted] received three VTL summonses, two for unsafe lane change and one for speeding 115mph in a 50mph. When the officer left, the tow truck driver allowed [redacted] to pay him so as to not have the vehicle towed to the impound lot. [redacted] paid the tow truck driver and left.
Attempts were made to speak with the tow truck driver, but the company stated that he no longer works for the company. [redacted]
This case is older than 90 days due to its reassignments, locating and obtaining information from the towing company, waiting for the command to provide a copy of the video evidence, and identifying PO Fitzgibbon.
Read report for details.