Complaint #201806532,
August 3, 2018

Officer: Makaryan, Artem
Complainant: Male, 26
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Martinez, Andrew
Complainant: Male, 26
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Titus, James
Complainant: Black Male
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Titus, James
Complainant: Black Male
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Titus, James
Complainant: Black Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Andrew
Complainant: Male, 26
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Martinez, Andrew
Complainant: Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Titus, James
Complainant: Male, 26
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Makaryan, Artem Male, 26 Force: Gun Pointed Exonerated
Martinez, Andrew Male, 26 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Titus, James Black Male Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Titus, James Black Male Discourtesy: Word Exonerated
Titus, James Black Male Abuse of Authority: Stop Unsubstantiated
Martinez, Andrew Male, 26 Force: Gun Pointed Exonerated
Martinez, Andrew Male, 26 Discourtesy: Word Exonerated
Titus, James Male, 26 Force: Nonlethal restraining device Substantiated (Command Discipline A)
Unknown Officer Male, 25-29 Force: Physical force Unfounded
Unknown Officer Male, 25-29 Force: Physical force Unfounded

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Titus, James
No Disciplinary Action-DUP
No penalty

Summary

On August 3, 2018, at approximately 6:12 p.m., in the vicinity of East 29th Street and Avenue U in Brooklyn, PO James Titus and PO Andrew Martinez of the 61st Precinct approached [redacted] and pointed their tasers at them (Allegation A: Abuse of Authority, [redacted]; Allegation B: Abuse of Authority, [redacted]). PO Titus subsequently told [redacted] "Out the fucking car" (Allegation C: Discourtesy, [redacted]). PO Titus subsequently handcuffed [redacted] (Allegation D: Abuse of Authority, [redacted]). Shortly after the officers approached them, [redacted] ran from the officers and PO Martinez chased after him.
At the rear of 1992 East 29th Street in Brooklyn, PO Martinez and other officers from the 61st Precinct canvassed for [redacted] At some point, PO Martinez and PO Artem Makaryan of the 61st Precinct pointed their firearm at [redacted] (Allegation E: Force, [redacted] Allegation F, Force, [redacted]). PO Martinez then stated, "Get your fucking hands up" (Allegation G: Discourtesy, [redacted]). At this point, PO Titus entered the area where [redacted] was and PO Titus tasered [redacted] (Allegation H: Force, [redacted]). While on the ground, officers allegedly used force against [redacted] and an officer allegedly kicked [redacted] (Allegation I: Force, [redacted]; Allegation J: Force, [redacted]). Officers handcuffed [redacted] and transported him back to the stationhouse. [redacted]s arrest was later voided and he was released on the same day (Board Review 27). Read report for details.


Details

Incident: August 3, 2018
Received: August 9, 2018
Closed: November 20, 2019

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 61st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Stephanie Beplat, Eugene Blyumenfeld, Nicholas Felix, Michelle Figueroa, Kenneth Gonzalez, Thomas Hionas, Agron Pervizi, Shilendra Sawh
Body-Worn Camera evidence collected