Complaint #201704971,
June 18, 2017

Officer: Kane, Nicholas
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Levy, Michael
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Sofia, Ashleigh
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Johnny
Complainant: Black Male, 29
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Carter, Jonathan
Complainant: Male, 21
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Kane, Nicholas
Complainant: Male
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Kane, Nicholas
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Johnny
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Johnny
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Kane, Nicholas Black Male, 29 Abuse of Authority: Vehicle stop Unsubstantiated
Levy, Michael Black Male, 29 Abuse of Authority: Vehicle stop Unsubstantiated
Sofia, Ashleigh Black Male, 29 Abuse of Authority: Vehicle stop Unsubstantiated
Diaz, Johnny Black Male, 29 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Diaz, Johnny Black Male, 29 Abuse of Authority: Question Unsubstantiated
Diaz, Johnny Black Male, 29 Abuse of Authority: Vehicle search Unsubstantiated
Carter, Jonathan Male, 21 Abuse of Authority: Frisk Unsubstantiated
Kane, Nicholas Male Abuse of Authority: Threat to damage/seize property Unsubstantiated
Kane, Nicholas Male Abuse of Authority: Frisk Substantiated (Command Discipline A)
Diaz, Johnny Male Abuse of Authority: Frisk Substantiated (Command Discipline A)
Diaz, Johnny Male Abuse of Authority: Frisk 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.


Penalties

Diaz, Johnny
No Disciplinary Action-DUP
No penalty

Kane, Nicholas
Command Discipline - A

Summary

On June 18, 2017, at approximately 4:15 a.m., [redacted] was driving home from Playroom, a nightclub located at 3964 10th Avenue in Manhattan. [redacted] turned onto Academy Street and Post Avenue, where he was signaled to pull over by the turret lights of an unmarked black sedan occupied by Sgt. Ashleigh Sofia, PO Michael Levy, and PO Nicholas Kane, all of the 34th Precinct (Allegation A: Abuse of Authority, [redacted] Allegation B: Abuse of Authority, [redacted] Allegation C: Abuse of Authority, [redacted]) [redacted] pulled over immediately. Seconds later, PO Johnny Diaz, PO William Burgos, and PO Jonathan Carter, all of the 34th Precinct, arrived at the location. PO Diaz allegedly asked [redacted] if he was drinking and if he would take a breathalyzer test (Allegation D: Abuse of Authority, [redacted]) PO Diaz ordered [redacted] to exit his vehicle and frisked him (Allegation E: Abuse of Authority, [redacted]) [redacted] and the three unidentified individuals were also ordered to exit the vehicle. PO Diaz frisked two of the unidentified individuals (Allegation F: Abuse of Authority, [redacted] Allegation G: Abuse of Authority, [redacted]) and PO Kane frisked the third unidentified individual (Allegation H: Abuse of Authority, [redacted]) PO Carter allegedly frisked [redacted] (Allegation I: Abuse of Authority, [redacted]) [redacted] and the three unidentified individuals stood at the rear of [redacted] vehicle while PO Diaz allegedly searched it (Allegation J: Abuse of Authority, [redacted]) One of the unidentified individuals held his cell phone at his side and PO Kane allegedly told him to put his phone away or he would take it away (Allegation K: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: June 18, 2017
Closed: February 28, 2018

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Wilfredo Burgos