Complaint #201700942,
February 5, 2017

Officer: Planamenta, Richard
Complainant: Asian Male, 25
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Planamenta, Richard
Complainant: Asian Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Planamenta, Richard
Complainant: Male, 32
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Hernandez, Johan
Complainant: Asian Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Planamenta, Richard
Complainant: Asian Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Velez, David
Complainant: Asian Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Velez, David
Complainant: Asian Male, 25
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Velez, David
Complainant: Asian Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Peralta, Francia
Complainant: Male, 32
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Peralta, Francia
Complainant: Male, 32
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unfounded
Officer: Planamenta, Richard
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer: Perez, Nelida
Complainant: Asian Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Planamenta, Richard Asian Male, 25 Force: Gun Pointed Unsubstantiated
Planamenta, Richard Asian Male, 25 Abuse of Authority: Vehicle stop Exonerated
Planamenta, Richard Male, 32 Abuse of Authority: Refusal to provide name/shield number Unfounded
Hernandez, Johan Asian Male, 25 Abuse of Authority: Vehicle stop Exonerated
Planamenta, Richard Asian Male, 25 Force: Physical force Unfounded
Velez, David Asian Male, 25 Abuse of Authority: Vehicle stop Exonerated
Velez, David Asian Male, 25 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Velez, David Asian Male, 25 Discourtesy: Word Unsubstantiated
Peralta, Francia Male, 32 Abuse of Authority: Threat of arrest Unfounded
Peralta, Francia Male, 32 Abuse of Authority: Interference with recording Unfounded
Planamenta, Richard Abuse of Authority: Gun Drawn Exonerated
Perez, Nelida Asian Male, 25 Abuse of Authority: Vehicle stop 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.
'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.


Penalty

Velez, David
Formalized Training

Summary

On February 5, 2017, at approximately 5:27 pm, outside 186 Van Courtland Park South, [redacted] was stopped for reckless driving by PO David Velez and PO Nelida Perez (of the 50th Precinct). (Allegations A, B) When [redacted] denied driving recklessly, PO Velez allegedly called him a "smartass." (Allegation C) After determining that [redacted] was driving without identification, PO Velez and PO Perez placed him under arrest, and secured him in their RMP in handcuffs. At this time, PO Velez conducted a search of the vehicle (which was never vouchered as arrest evidence). (Allegation D) Leaving the vehicle at the scene, the officers then removed [redacted] to the 50th Precinct stationhouse and eventually released him, at approximately 6:50 p.m., with a summons for [redacted], when his brother [redacted] arrived with his driver's license. (BR13)
At approximately 7:08 p.m. the same night, [redacted] returned to 186 Van Courtland Park South, where the officers had left his vehicle, and proceeded to leave the scene. But before he got far down on Van Courtland Park South, [redacted] was stopped again for reckless driving by a second group of offices, PO Richard Planamenta and PO Johan Hernandez (also of the 50th Precinct). (Allegations E, F) PO Planamenta had his gun drawn during the stop (Allegation G) Allegedly, he also had it pointed at [redacted] (Allegation H) In the process of removing and handcuffing him, PO Planamenta allegedly slammed [redacted] against the vehicle. (Allegation I) [redacted] was again arrested and placed in their RMP.
[redacted] happened to be passing through the area at the time of stop and observed PO Planamenta and PO Hernandez approaching [redacted]'s vehicle. [redacted] pulled over and began recording the arrest, and approached the officers once [redacted] was in the RMP. When [redacted] asked PO Planamenta for his shield number, he allegedly refused to provide it. (Allegation J) [redacted] continued to record the scene as two additional RMPs responded. At some point, PO Francia Peralta... Read report for details.


Details

Incident: February 5, 2017
Received: February 6, 2017
Closed: July 12, 2017

Reason for contact: Moving violation
Location: Street/highway
In NYPD 50th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: James Boyle, Anthony Pepdjonovic
Video evidence collected