Complaint #201802518,
February 28, 2018

Officer: Pastran, Elmer
Complainant: Black Male, 19
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Pastran, Elmer
Complainant: Black Male, 19
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Erickson, Kyle
Complainant: Black Male, 19
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Pastran, Elmer
Complainant: Black Male, 19
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Erickson, Kyle
Complainant: Black Male, 19
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Pastran, Elmer
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Pastran, Elmer
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Erickson, Kyle
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Erickson, Kyle
Complainant: Black Male, 19
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Pastran, Elmer Black Male, 19 Abuse of Authority: Vehicle search Exonerated
Pastran, Elmer Black Male, 19 Abuse of Authority: Search (of person) Exonerated
Erickson, Kyle Black Male, 19 Abuse of Authority: Vehicle search Exonerated
Pastran, Elmer Black Male, 19 Abuse of Authority: Vehicle stop Unsubstantiated
Erickson, Kyle Black Male, 19 Abuse of Authority: Vehicle stop Unsubstantiated
Pastran, Elmer Male Abuse of Authority: Search (of person) Exonerated
Pastran, Elmer Abuse of Authority: Search (of person) Exonerated
Erickson, Kyle Male Abuse of Authority: Search (of person) Exonerated
Erickson, Kyle Black Male, 19 Abuse of Authority: Retaliatory arrest Substantiated (Charges)

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

Erickson, Kyle
Closed: Other, August 31, 2021
APU Closed: Other

Summary

On February 28, 2018, at approximately 12:36 p.m., [redacted] was driving his car with three friends: [redacted] Solomon [redacted] and [redacted] when PO Elmer Pastran and PO Kyle Erickson of the 120th Precinct pulled them over at the intersection of Ellington Street and Targee Street in Staten Island. They were all told to exit the vehicle and PO Pastran searched [redacted] and [redacted] against the side of the car. PO Erickson searched [redacted] (Allegations A, B, C and D – Abuse of Authority: [redacted]). PO Erickson and PO Pastran both searched [redacted] Is vehicle (Allegations E and F – Abuse of Authority: [redacted]). There is reason to suggest that PO Erickson made false official statements in violation of PG 203-08 (Allegation G – Other Misconduct). [redacted] was arrested for criminal possession of marijuana in the fifth degree (Allegation H – Abuse of Authority: [redacted]). He was also charged with failure to signal and illegal window tints (Board Review 1).
On March 12, 2018, PO Pastran and PO Erickson stopped [redacted] while he was driving with an unidentified individual in front of [redacted] in Staten Island (Allegations I and J - Abuse of Authority: [redacted]). PO Pastran stated that he smelled marijuana coming from [redacted] Is car and told [redacted] he intended to search the car but did not ultimately do so, releasing [redacted] without any further action [redacted].
This case was classified as a sensitive case due to press coverage of the incident (See Board Review 27). Read report for details.


Details

Incident: February 28, 2018
Received: March 30, 2018
Closed: August 1, 2019

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 120th Precinct Staten Island
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected
Video evidence collected