Complaint #201806661,
August 13, 2018

Officer: Larios, Erick
Complainant: Black Male, 48
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Larios, Erick
Complainant: Black Male, 48
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Larios, Erick
Complainant: Black Male, 48
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Larios, Erick
Complainant: Black Male, 48
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Larios, Erick
Complainant: Black Male, 48
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Larios, Erick Black Male, 48 Abuse of Authority: Stop Substantiated (Command Discipline B)
Larios, Erick Black Male, 48 Discourtesy: Word Unsubstantiated
Larios, Erick Black Male, 48 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Larios, Erick Black Male, 48 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Larios, Erick Black Male, 48 Discourtesy: Word Unsubstantiated

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.


Penalty

Larios, Erick
Formalized Training

Summary

On August 13, 2018, [redacted] was walking southbound on the west side of Lenox Avenue in Manhattan after finishing his work day. He was carrying a knife which was clipped to his right-side pants pocket, with the clip on the outside of his pocket. At the corner of Lenox Avenue and West 132nd Street, Police Officer Erick Larios and Police Officer Kenson Nelson of Strategic Response Group 1 pulled alongside of [redacted] in their vehicle.
PO Larios exited the vehicle, asked [redacted] "what's that you're carrying?" (Allegation A: Abuse of Authority, [redacted]), and immediately removed [redacted]s pocket knife from his right pants pocket (Allegation B: Abuse of Authority, [redacted]).
PO Larios told [redacted] that he had stopped him because he saw the knife. [redacted] said that this was not possible: if he was walking southbound on the west side of the street, how could PO Larios have seen [redacted]s knife when he pulled up behind him? [redacted] asked PO Larios if he had "wrap around vision." PO Larios told [redacted] "now you're just being an asshole" (Allegation C: Discourtesy, [redacted]). [redacted] was arrested for possession of a gravity knife (02 Board Review).
Within the confines of the 32nd Precinct stationhouse, PO Larios searched for [redacted]s information, and told him, "if I find any arrests, your ass is going downtown" (Allegation D: Discourtesy, [redacted]). In the holding cell of the stationhouse, PO Larios was asking for [redacted]s pedigree information so that he could write an arrest report. PO Larios said that he could see PO Nelson's skin, which was "soot black," and use it for comparison. [redacted] said that he and PO Nelson had the same skin tone, and asked PO Larios, "we're the exact same complexion. Are you saying I'm 'soot black?'" PO Larios said, "all you guys look alike" (Allegation E: Offensive language, [redacted]). [redacted] was released from the 32nd Precinct stationhouse with a desk appearance ticket. Read report for details.


Details

Incident: August 13, 2018
Received: August 14, 2018
Closed: December 11, 2018
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Kenson Nelson