Complaint #201703447,
May 2, 2017

Officer: Rivera, Edgar
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Action
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Rivera, Edgar
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Rivera, Edgar Hispanic Male, 24 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Lvl Instructions)
Unknown Officer Hispanic Male, 21-24 Discourtesy: Action Officer(s) Unidentified
Unknown Officer Hispanic Male, 21-24 Discourtesy: Word Officer(s) Unidentified
Rivera, Edgar Hispanic Male, 24 Discourtesy: Word Unfounded

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalty

Rivera, Edgar
Command Level Instructions

Summary

On May 2, 2017, at approximately 10:20 p.m., PO James Lindquist, PO Edgar Rivera, PO Gina Mestre, and PO Brian Van Duzer of the 52nd Precinct stopped [redacted]'s vehicle on the corner of Grand Concourse and East 198th Street in the Bronx, for a defective third brake-light located on the rear of [redacted]'s vehicle. [redacted] took out his cell phone recorded the incident. An unidentified officer told [redacted] to "shut the fuck up" (Allegation A). PO Lindquist asked [redacted] to provide his license and registration. [redacted] provided his license and registration to PO Lindquist which were then given to PO Mestre. PO Mestre and PO Van Duzer entered into the police vehicle while PO Lindquist and PO Rivera remained standing by [redacted]'s vehicle. As [redacted] was recording, PO Rivera allegedly told him that he would look "stupid and scared on camera" (Allegation B). [redacted] asked PO Rivera to provide his name and PO Rivera did not provide it (Allegation C).
A few minutes later, PO Mestre exited the police vehicle, approached the driver's side window of [redacted]'s vehicle, and handed [redacted] his license, registration and a folded summons inserted within [redacted]'s documents. [redacted] took the documents, without realizing he had been issued a summons, and threw them onto the front passenger's seat. He then drove off from the location. A few minutes later, [redacted] realized that he had been issued summons #[redacted] for [redacted]. On the yellow copy of the summons given to [redacted] was a hand drawn image of a phallus (Board Review 01) (Allegation D). Read report for details.


Details

Incident: May 2, 2017
Received: May 3, 2017
Closed: September 22, 2017

Reason for contact: Moving violation
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Moving violation summons issued

Witness Officers: James Lindquist, Gina Mestre, Brian Vanduzer
Video evidence collected