Complaint #201704802,
June 10, 2017

Officer: Pierce, Joseph
Complainant: Male, 26
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Pierce, Joseph
Complainant: Male, 26
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Formalized Training
Officer: Fernandez, Xavier
Complainant: Male, 26
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unfounded
Officer: Pierce, Joseph
Complainant: Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Pierce, Joseph Male, 26 Discourtesy: Action Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Pierce, Joseph Male, 26 Abuse of Authority: Vehicle stop Substantiated (Command Discipline A)
NYPD Disposition: Formalized Training
Fernandez, Xavier Male, 26 Abuse of Authority: Interference with recording Unfounded
Pierce, Joseph Male, 26 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'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.
'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

Pierce, Joseph
Formalized Training

Summary

On June 10, 2017, at approximately 11:05 p.m., [redacted] was smoking hookah while driving down [redacted] in the Bronx. Sgt. Joseph Pierce, from the 44th Precinct, ran alongside [redacted]'s vehicle, reached inside, grabbed the hookah hose out of [redacted]'s hands and threw it to the ground (Allegations A and B). While reaching inside the vehicle, Sgt. Pierce allegedly told [redacted] "Hey, what the fuck are you doing?" (Allegation C) During the car stop, other officers from the 44th Precinct approached [redacted]'s vehicle. [redacted] recorded the traffic stop with his cell phone, but PO Xavier Fernandez allegedly flashed his flashlight in the frame of [redacted]'s phone, interfering with [redacted]'s ability to record (Allegation D). [redacted] was issued a summons for [redacted] as a result of this incident. Read report for details.


Details

Incident: June 10, 2017
Received: June 13, 2017
Closed: November 22, 2017

Reason for contact: Moving violation
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Moving violation summons issued

Witness Officers: Adam Landau, Luis Marte
Video evidence collected