Complaint #201707177,
August 26, 2017

Officer: Gottlieb, Benjamin
Complainant: Black Male, 38
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer: Holshek, Brian
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 38
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, James
Complainant: Black Male, 38
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, James
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nugent, John
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gottlieb, Benjamin Black Male, 38 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline A)
Unknown Officer Black Male, 35-39 Abuse of Authority: Vehicle search Officer(s) Unidentified
Holshek, Brian Black Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Holshek, Brian Black Male, 38 Abuse of Authority: Search (of person) Unsubstantiated
Sepulveda, James Black Male, 38 Abuse of Authority: Frisk Unsubstantiated
Sepulveda, James Black Male, 38 Force: Physical force Unsubstantiated
Nugent, John Black Male, 38 Abuse of Authority: Vehicle search Unsubstantiated
Holshek, Brian Black Male, 38 Abuse of Authority: Vehicle search Unsubstantiated

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Gottlieb, Benjamin
Command Discipline - A

Summary

On August 26, 2017, at approximately 3:00 a.m., [redacted] sat in the back passenger seat of [redacted]'s cab a [redacted] decal on the bumper-heading north on St. Nicholas Avenue in Manhattan when an unmarked police car of officers from Patrol Borough Manhattan North Anti-Crime (PBMN-SU) pulled the cab over at West 149th Street (Allegation A: Abuse of Authority, [redacted]).
Det. James Sepulveda frisked [redacted] through the open car window (Allegations B: Abuse of Authority, [redacted]). Det. Sepulveda pulled [redacted] by his wrist out of the car (Allegation C: Force, [redacted]). Lt. Brian Holshek searched [redacted] (Allegation D: Abuse of Authority, [redacted]). Lt. Holshek, PO Nugent and an unidentified officer searched the backseat of the car (Allegations E and F: Abuse of Authority, [redacted] (Allegation G: Abuse of Authority, [redacted])). The officers got back into their car and drove away.
[redacted] asked [redacted] to drive to the 30th Precinct stationhouse where he spoke with PO Christophe Padro of that precinct. [redacted] told PO Padro he wanted to file a complaint and PO Padro informed Lt. Benjamin Gottlieb, who did not process [redacted]'s complaint (Allegation H: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: August 26, 2017
Received: August 31, 2017
Closed: March 20, 2018

Reason for contact: PD suspected C/V of violation/crime - street
In NYPD 30th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Christopher Padro, Anthony Raimone, Jose Tavarez