Complaint #201707619,
September 14, 2017

Officer: Pichardo, Juan
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Elexey, Abiola
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Pichardo, Juan
Complainant: Black Male, 38
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Pichardo, Juan
Complainant: Black Male, 38
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Elexey, Abiola
Complainant: Black Male, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Pichardo, Juan Black Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Elexey, Abiola Black Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Pichardo, Juan Black Male, 38 Abuse of Authority: Question Substantiated (Command Discipline B)
Pichardo, Juan Black Male, 38 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Elexey, Abiola Black Male, 38 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)

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

Pichardo, Juan
Formalized Training

Elexey, Abiola
Formalized Training

Summary

On September 14, 2017, at approximately 4:18 a.m., [redacted] was operating his vehicle in the vicinity of Longwood Avenue and Dawson Street in the Bronx when he was stopped by Police Officers Juan Pichardo and Abiola Browne (Allegations A and B: Abuse of Authority - Vehicle Stop, [redacted]). After PO Browne approached his passenger side window and PO Pichardo approached [redacted] driver side window, PO Pichardo allegedly asked [redacted] if he had any "guns or drugs" in the vehicle (Allegation C: Abuse of Authority - Question, [redacted]). Approximately five minutes into the interaction, PO Pichardo conducted a DAS lite search for [redacted]. PO Pichardo allegedly asked [redacted] about "guns and drugs" once more (also Allegation C: Abuse of Authority - Question, [redacted]), after which, he asked [redacted] [redacted] to step out of the car and frisked [redacted] (Allegation D: Abuse of Authority - Frisk, [redacted]). [redacted] was taken to the back of his vehicle by PO Pichardo and he was instructed to face away from his vehicle. At the back of the vehicle he was speaking to PO Pichardo, and during that time PO Browne searched his vehicle (Allegation E: Abuse of Authority – Vehicle Search, [redacted]). PO Pichardo and PO Browne ultimately released [redacted] without a summons. Read report for details.


Details

Incident: September 14, 2017
Received: September 15, 2017
Closed: May 7, 2018

Reason for contact: Moving violation
Location: Street/highway
In NYPD 41st Precinct Bronx
Outcome: No arrest made or summons issued