Complaint #201701649,
March 2, 2017

Officer: Bautista, Ernesto
Complainant: Black Male, 53
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Bautista, Ernesto
Complainant: Black Male, 53
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Bautista, Ernesto
Complainant: Black Male, 53
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Mccloud, Malik
Complainant: Black Male, 53
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Mccloud, Malik
Complainant: Black Male, 53
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Conclusion
Bautista, Ernesto Black Male, 53 Abuse of Authority: Search (of person) Substantiated (Command Lvl Instructions)
Bautista, Ernesto Black Male, 53 Abuse of Authority: Stop Substantiated (Command Lvl Instructions)
Bautista, Ernesto Black Male, 53 Abuse of Authority: Frisk Substantiated (Command Lvl Instructions)
Mccloud, Malik Black Male, 53 Abuse of Authority: Search (of person) Substantiated (Command Lvl Instructions)
Mccloud, Malik Black Male, 53 Abuse of Authority: Frisk Substantiated (Command Lvl Instructions)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Bautista, Ernesto
Formalized Training

Mccloud, Malik
Formalized Training

Summary

At approximately 9:00 am on March 2, 2017, [redacted] ordered food at a deli on East 149thStreet in the Bronx, and stood outside to wait where he had a verbal exchange with a person on a nearby stoop. When PO Ernesto Bautista of the 40th Precinct approached the two men on foot, the stranger fled, and PO Bautista stopped [redacted] (Allegation A). PO Malik McCloud of the 40th Precinct arrived shortly after and along with PO Bautista frisked and searched [redacted] (Allegations B, C, D, and E), while [redacted], a passerby, watched. No contraband was found. Sgt. Jeffrey Baio of the 40th Precinct arrived and ran [redacted]'s name for warrants, and [redacted] was released without being issued a summons. Read report for details.


Details

Incident: March 2, 2017
Closed: July 12, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Jeffrey Baio
Video evidence collected