Complaint #201704122,
May 18, 2017

Officer: Holguin, Namely
Complainant: Male, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Holguin, Namely
Complainant: Male, 35
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Wroten, Rainard
Complainant: Male, 35
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Marte, Joshua
Complainant: Male, 35
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Marte, Joshua
Complainant: Male, 35
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Marte, Joshua
Complainant: Male, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Marte, Joshua
Complainant: Black Female, 35
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Holguin, Namely Male, 35 Discourtesy: Word Unsubstantiated
Holguin, Namely Male, 35 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Wroten, Rainard Male, 35 Abuse of Authority: Frisk Substantiated (Formalized Training)
Marte, Joshua Male, 35 Abuse of Authority: Search (of person) Unsubstantiated
Marte, Joshua Male, 35 Abuse of Authority: Frisk Unsubstantiated
Marte, Joshua Male, 35 Discourtesy: Word Unsubstantiated
Marte, Joshua Black Female, 35 Abuse of Authority: Vehicle search Unsubstantiated

Conclusion Meanings:

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

Wroten, Rainard
Formalized Training

Summary

At approximately 5:00 p.m. on May 18, 2017, at the Northeast corner of Gunther Avenue and Allerton Avenue in the Bronx, PO Rainard Wroten and PO Namely Holguin of the 49th Precinct stopped [redacted] vehicle for driving through a stop sign. Present in [redacted] car were her children's father, [redacted], who was seated in the front passenger seat, and her four young children, who were seated in the backseat. PO Holguin told [redacted] she was under arrest for driving with a suspended license and handcuffed her. The investigation determined that PO Wroten ordered [redacted] out of the car and frisked him (Allegation A).
PO Joshua Marte, PO Kevin Noonan, and PO Jameson Masker of the 49th Precinct Anti-Cime team arrived. PO Marte approached [redacted] and allegedly told him, "Now don't treat me like no bitch" (Allegation B). PO Marte ordered [redacted] to raise his arms and [redacted] complied. [redacted] lowered his arms momentarily and PO Marte allegedly said "Put your fucking hands back up" (within Allegation B). PO Marte allegedly frisked and searched [redacted] (Allegation C, Allegation D) and discovered less than one gram of marijuana in his pocket, but PO Marte did not confiscate the marijuana. PO Marte conducted a warrant search for [redacted] An officer allegedly entered [redacted] car and searched the glove compartment and center console (Allegation E).
[redacted] was escorted to PO Wroten's and PO Holguin's patrol car. [redacted] approached the patrol car and PO Holguin allegedly said "Motherfucking nigger, didn't I tell you to get your ass back in the car?" (Allegation F, Allegation G). [redacted] returned to his car and the officers left the scene. [redacted]
[redacted] was charged with [redacted] Read report for details.


Details

Incident: May 18, 2017
Received: May 25, 2017
Closed: January 16, 2018
Last Updated: December 11, 2024

Reason for contact: Moving violation
Location: Street/highway
In NYPD 49th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Jameson Masker, Kevin Noonan