Complaint #201707277, September 2017

Incident: September 5, 2017
Received: September 6, 2017
Closed: July 26, 2018


Document: Complaint Closing Report

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Carlos Gomez, Manolin Molina
Officer: Caban, Jose
Complainant: Hispanic Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Tejada, Jose
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Tejada, Jose
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Tejada, Jose
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Tejada, Jose
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Tejada, Jose
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Caban, Jose
Complainant: Hispanic Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Caban, Jose Hispanic Male, 16 Force: Physical force Substantiated (Charges)
Tejada, Jose Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Tejada, Jose Abuse of Authority: Stop Exonerated
Tejada, Jose Abuse of Authority: Frisk Substantiated (Command Discipline B)
Tejada, Jose Abuse of Authority: Search (of person) Unsubstantiated
Tejada, Jose Abuse of Authority: Frisk Substantiated (Command Discipline B)
Caban, Jose Hispanic Male, 16 Force: Physical force Substantiated (Charges)

Penalties

Caban, Jose
Closed: Retained, with discipline, March 2020
APU Closed: Retained, with discipline
Forfeit vacation 20 days

Tejada, Jose
Command Discipline - A


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.