Complaint #201700742,
January 22, 2017

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)

Conclusion Meanings:

'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.

Further details on conclusions.


Penalties

Fitzgibbon, Michael
Formalized Training

Benlhoussain, Rachid
Formalized Training

Summary

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.


Details

Incident: January 22, 2017
Received: January 27, 2017
Closed: August 31, 2017

Reason for contact: Moving violation
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: Moving violation summons issued

Video evidence collected