Complaint #201806460,
July 27, 2018

Officer: Martinez, Wilfred
Complainant: White Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Martinez, Wilfred
Complainant: White Male, 26
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Martinez, Wilfred
Complainant: White Male, 26
Allegation: Abuse of Authority: Sexual Misconduct (Sexual Humiliation)
CCRB Conclusion: Substantiated (Charges)
Officer: Ting, Kyle
Complainant: White Male, 26
Allegation: Abuse of Authority: Sexual Misconduct (Sexual Humiliation)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Luis
Complainant: White Male, 26
Allegation: Abuse of Authority: Sexual Misconduct (Sexual Humiliation)
CCRB Conclusion: Substantiated (Charges)
Officer: Oropezazuniga, Evelyn
Complainant: White Male, 26
Allegation: Abuse of Authority: Sexual Misconduct (Sexual Humiliation)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Martinez, Wilfred
Complainant: White Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Oropezazuniga, Evelyn
Complainant: White Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rodriguez, Luis
Complainant: White Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: White Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Martinez, Wilfred White Male, 26 Force: Physical force Exonerated
Martinez, Wilfred White Male, 26 Force: Pepper spray Exonerated
Martinez, Wilfred White Male, 26 Abuse of Authority: Sexual Misconduct (Sexual Humiliation) Substantiated (Charges)
Ting, Kyle White Male, 26 Abuse of Authority: Sexual Misconduct (Sexual Humiliation) Substantiated (Command Discipline A)
Rodriguez, Luis White Male, 26 Abuse of Authority: Sexual Misconduct (Sexual Humiliation) Substantiated (Charges)
Oropezazuniga, Evelyn White Male, 26 Abuse of Authority: Sexual Misconduct (Sexual Humiliation) Substantiated (Command Discipline A)
Martinez, Wilfred White Male, 26 Discourtesy: Word Substantiated (Charges)
Oropezazuniga, Evelyn White Male, 26 Force: Physical force Exonerated
Rodriguez, Luis White Male, 26 Force: Physical force Exonerated
Unknown Officer White Male, 25-29 Force: Physical force Officer(s) Unidentified

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.
'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.

Further details on conclusions.


Penalties

Martinez, Wilfred
Closed: MOS Retired, July 27, 2019
APU Closed: MOS Retired

Rodriguez, Luis
Closed: Retained, with discipline, February 13, 2020
APU Closed: Retained, with discipline
Command Discipline A

Oropezazuniga, Evelyn
No Disciplinary Action-DUP
No penalty

Ting, Kyle
No Disciplinary Action-DUP
No penalty

Summary

On July 27, 2018, at approximately 2:58 AM, Sgt. Rodriguez, PO Wilfred Martinez, PO Evelyn PO Oropeza-Zuniga, all of Transit Bureau District 1, were in [redacted] in [redacted], in Manhattan when they heard a store employee scream that [redacted] was stealing items. All three officers pursued [redacted] out of the location, grabbed him and pulled him down to the ground (Allegations A, B, and C; Force, [redacted]). While attempting to put [redacted] in handcuffs, PO Martinez stated, "Give me your hands motherfucker" (Allegation D: Discourtesy, [redacted]). During the apprehension [redacted] complained that he was punched on the face (Allegation E; Force, [redacted]). PO Martinez then pepper sprayed [redacted] (Allegation F; Force, [redacted]). After [redacted] was successfully handcuffed, PO Kyle Ting, also of Transit Bureau District 1, arrived on scene. All four officers stood near [redacted] who was laying on his side with his pants lowered to his knees exposing his buttocks and testicles. No officer attempted to help pull up [redacted]'s pants or cover his exposed private areas for approximately eight minutes until a transporting vehicle arrived on scene (Allegations G, H, I and J; Abuse of Authority, [redacted]). [redacted] was then transported to the TB DT01 stationhouse where his arrest was processed. Read report for details.


Details

Incident: July 27, 2018
Received: August 8, 2018
Closed: June 4, 2019
Last Updated: October 2, 2025

Reason for contact: Report of other crime
Location: Commercial building
In NYPD Midtown North Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Marcin Bajko, Michael Blackman, Edward Elvidge
Body-Worn Camera evidence collected
Video evidence collected