Complaint #201701446,
February 17, 2017

Officer: Benitez, Wilfredo
Complainant: Black Male, 22
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Benitez, Wilfredo
Complainant: Black Male, 22
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Oconnor, Marc
Complainant: Black Male, 22
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Grayson, Kevin
Complainant: Black Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Benitez, Wilfredo
Complainant: Black Male, 22
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Oconnor, Marc
Complainant: Male, 20
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Oconnor, Marc
Complainant: Black Male, 22
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Benitez, Wilfredo
Complainant: Black Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Benitez, Wilfredo
Complainant: Hispanic Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Morales, Carlos
Complainant: Male, 23
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Oconnor, Marc
Complainant: Hispanic Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Benitez, Wilfredo Black Male, 22 Offensive Language: Other Unsubstantiated
Benitez, Wilfredo Black Male, 22 Force: Gun Pointed Unfounded
Oconnor, Marc Black Male, 22 Force: Gun Pointed Unfounded
Grayson, Kevin Black Male, 22 Discourtesy: Word Unsubstantiated
Benitez, Wilfredo Black Male, 22 Abuse of Authority: Threat of arrest Unsubstantiated
Oconnor, Marc Male, 20 Force: Gun Pointed Unfounded
Oconnor, Marc Black Male, 22 Discourtesy: Action Unsubstantiated
Benitez, Wilfredo Black Male, 22 Abuse of Authority: Stop Exonerated
Benitez, Wilfredo Hispanic Male, 21 Discourtesy: Word Unsubstantiated
Morales, Carlos Male, 23 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Oconnor, Marc Hispanic Male, 21 Abuse of Authority: 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.
'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.


Summary

On February 17, 2017 at approximately 4:26 p.m., [redacted] and [redacted] were eating in front of P.S. XO88, a public school located at 1340 Sheridan Avenue in the Bronx. The four men were approached by Detective Wilfredo Benitez (who at the time of this incident held the rank of Police Officer) and PO Marc Oconnor followed closely by Sergeant Kevin Grayson, all of the 44 Precinct. Det. Benitez ordered the four men not to move and to "get on the wall" (Allegations A and B). Det. Benitez allegedly pointed his gun at [redacted] and PO Oconnor allegedly pointed his gun at [redacted] and [redacted] (Allegations C - E). Det. Benitez allegedly ordered the men to "get on the fucking floor," and Sgt. Grayson allegedly ordered the men to "get on the fucking ground" (Allegations F and G). Det. Benitez allegedly said to [redacted] "you an immigrant. You shouldn't even be here. You know who's President?" (Allegation H). The officers arrested the four men and transported them to the 44 Precinct stationhouse. While preparing [redacted] to be placed in a holding cell, PO Oconnor allegedly kicked [redacted]s doffed sneakers (Allegation I). While the men were in the holding cell, Det. Benitez allegedly approached [redacted] and said, "every time I see you outside I'm gonna lock you up" (Allegation J). While the men were in the holding cell, Police Officer Carlos Morales allegedly approached [redacted] and called him a "black shit" (Allegation K). [redacted]. [redacted] and [redacted] were charged with criminal trespass and transferred to Bronx Central Booking, [redacted] was charged with criminal trespass and possession of marijuana and transferred to Bronx Central Booking, and [redacted] was charged with criminal trespass and released with a Desk Appearance Ticket.
Investigation of this case surpassed 90 days due to the number of victims and witnesses involved. Read report for details.


Details

Incident: February 17, 2017
Received: February 23, 2017
Closed: July 28, 2017
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime