Complaint #201704304,
May 28, 2017

Officer: Roman, Benjamin
Complainant: Hispanic Female, 40
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer: Roman, Benjamin
Complainant: Hispanic Female, 40
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Roman, Benjamin Hispanic Female, 40 Abuse of Authority: Seizure of property Unsubstantiated
Roman, Benjamin Hispanic Female, 40 Abuse of Authority: Threat of arrest 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.
'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 May 28, 2017, numerous individuals, including [redacted] were gathered [redacted] an apartment building in the Bronx, in observation of the Dominican Republic's Mother's Day. [redacted] was seated as she socialized and played music from her wheeled, portable speaker, which was also in front of the building. A marked RMP with at least one officer drove past the building. PO Benjamin Roman of the 44th Precinct warned [redacted] from the RMP, to remove the speaker and lower the volume of the music. [redacted] moved the speaker into the building's waste disposal room.
At approximately 8:00 PM, PO Roman returned and this time exited the RMP along with his partners, PO Rieguy Fernandez and PO Michael Sambrato. [redacted] was still outside, this time with neighbors: [redacted] and [redacted] the building's porter, stood nearby. PO Roman entered the disposal room, removed the speaker and placed into the RMP. PO Roman informed her that this was due to the lack of compliance regarding the volume of the music, stated that he needed identification, and threatened to arrest [redacted] and [redacted] if no one provided a form of one (Allegation A). [redacted] produced her New York State Benefit identification card and gave it to PO Roman (Allegation B). PO Roman asked [redacted] for her name and contact information, and informed her that she would be arrested if she did not provide that information (within Allegation A). PO Sambrato issued [redacted] a Criminal Court summons for Disorderly Conduct (BR 13). The officers left the scene, however PO Roman did not return [redacted] s identification card (within Allegation B). [redacted] was not arrested. Read report for details.


Details

Incident: May 28, 2017
Received: May 31, 2017
Closed: November 3, 2017

Reason for contact: Report-noise/disturbance
Location: Other
In NYPD 44th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Rieguy Fernandez, Michael Sambrato