Complaint #201801169,
January 28, 2018

Officer: Rodriguez, Elvis
Complainant: Hispanic Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Elvis
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Rodriguez, Elvis
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Rodriguez, Elvis
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Rodriguez, Elvis Hispanic Male, 36 Discourtesy: Word Unsubstantiated
Rodriguez, Elvis Hispanic Male, 36 Abuse of Authority: Threat of force (verbal or physical) Exonerated
CCRB Investigator Recommendation: Substantiated
Rodriguez, Elvis Hispanic Male, 36 Abuse of Authority: Seizure of property Exonerated
Rodriguez, Elvis Hispanic Male, 36 Abuse of Authority: Vehicle search Exonerated

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.
'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.


Summary

On January 28, 2018, at approximately 1:30 a.m., at the intersection of East 168 Street and Franklin Avenue in the Bronx, PO Elvis Rodriguez of the 42 Precinct pointed his Taser at [redacted] (Allegation A: Abuse of Authority, [redacted]). PO Rodriguez told [redacted] to, "Get out of the fucking car, idiot," and "Get the fuck out the car, idiot" (Allegation B: Discourtesy, [redacted]). PO Rodriguez told [redacted] that he would Taser him if he did not get out of the car and pushed his Taser into [redacted] back (subsumed under Allegation A). PO Rodriguez told [redacted] "I want to take your fucking car" (subsumed under Allegation B), and authorized the transportation of [redacted] car to the 42 Precinct stationhouse (Allegation C: Abuse of Authority, [redacted]). PO Rodriguez searched [redacted] car before it was transported (Allegation D: Abuse of Authority, [redacted]). [redacted] was arrested for [redacted] as a result of this incident (BR 01). He was also issued four summonses for tinted windows and for disobeying a traffic device (BRs 02, 03, 04, 05). Read report for details.


Details

Incident: January 28, 2018
Received: February 10, 2018
Closed: January 29, 2019

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Harold Borden, Ashley Fonseca, Kenneth Marello, Danny Romero, Akil Stewart