Complaint #201706170,
July 24, 2017

Officer: Intravaia, Benito
Complainant: Asian Male, 23
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Pastran, Elmer
Complainant: Asian Male, 23
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Pastran, Elmer
Complainant: Asian Male, 23
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Pastran, Elmer
Complainant: Asian Male, 23
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Intravaia, Benito
Complainant: Asian Male, 23
Allegation: Offensive Language: Ethnicity
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Pastran, Elmer
Complainant: Asian Male, 23
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Pastran, Elmer
Complainant: Asian Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Intravaia, Benito Asian Male, 23 Abuse of Authority: Vehicle stop Exonerated
Pastran, Elmer Asian Male, 23 Abuse of Authority: Vehicle stop Exonerated
Pastran, Elmer Asian Male, 23 Abuse of Authority: Threat of arrest Unsubstantiated
Pastran, Elmer Asian Male, 23 Abuse of Authority: Vehicle search Unsubstantiated
Intravaia, Benito Asian Male, 23 Offensive Language: Ethnicity Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Pastran, Elmer Asian Male, 23 Abuse of Authority: Search (of person) Exonerated
Pastran, Elmer Asian Male, 23 Abuse of Authority: Frisk Substantiated (Command Discipline B)

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.
'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

Pastran, Elmer
No Disciplinary Action-DUP
No penalty

Summary

On July 24, 2017, at approximately 3:55 p.m. [redacted] was driving down Edgewater Street in Staten Island and stopped at a red light at the intersection where Edgewater Street meets Bay Street and Front Street. He then made a right turn onto Front Street. After he turned he saw an NYPD car with its lights on. [redacted] continued to drive. [redacted] heard a command to stop the car approximately three to four times (Allegations A and B: Abuse of Authority, [redacted]). He continued to drive. Approximately a minute later, [redacted] pulled over and exited his car on his own. Police Officer Elmer Pastran and Police Officer Benito Intravaia of the 120th Precinct exited the police car. [redacted] started walking towards the officers. Police Officer Pastran ran towards [redacted] handcuffed him and proceeded to pat him down. Allegation C: Abuse of Authority, [redacted]). Police Officer Pastran removed [redacted] wallet from his pocket and removed his license from the wallet (Allegations D: Abuse of Authority, [redacted]). Police Officer Pastran then allegedly searched [redacted] car (Allegation E: Abuse of Authority, [redacted]). Police Officer Intravaia allegedly asked [redacted] what country he was from and how long he had been in America. [redacted] replied that he was from Bangladesh. To which Police Officer Intravaia allegedly replied that [redacted] should "speak better English," (Allegation F: Offensive Language, [redacted]). Police Officer Pastran allegedly told [redacted] approximately five to six times throughout the incident that he would send [redacted] to jail (Allegation G: Abuse of Authority, [redacted]).
At the end of the incident, Police Officer Intravaia issued [redacted] two summonses, one for disobeying a steady red light and another for failure to yield to an emergency vehicle (Board Review 03). Read report for details.


Details

Incident: July 24, 2017
Received: July 31, 2017
Closed: February 28, 2018
Last Updated: December 11, 2024

Reason for contact: Moving violation
Location: Street/highway
In NYPD 120th Precinct Staten Island
Outcome: Moving violation summons issued