Complaint #201807265,
August 26, 2018

Officer: Bojkovic, Besnik
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Bautista, Joseph
Complainant: Hispanic Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Scally, Michael
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Villafane, Jose
Complainant: Hispanic Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Bautista, Joseph
Complainant: Hispanic Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Bautista, Joseph
Complainant: Hispanic Male, 34
Allegation: Offensive Language: Other
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Bojkovic, Besnik Hispanic Male, 34 Abuse of Authority: Vehicle search Unsubstantiated
Bautista, Joseph Hispanic Male, 34 Discourtesy: Word Unsubstantiated
Scally, Michael Hispanic Male, 34 Abuse of Authority: Vehicle search Unsubstantiated
Villafane, Jose Hispanic Male, 34 Discourtesy: Word Unsubstantiated
Bautista, Joseph Hispanic Male, 34 Discourtesy: Word Unfounded
Bautista, Joseph Hispanic Male, 34 Offensive Language: Other Unfounded

Conclusion Meanings:

'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.


Summary

On August 26, 2018, at approximately 2:30 a.m., officers stopped Mr. C [redacted] vehicle on Nostrand Avenue and Foster Avenue, in Brooklyn. Sgt. M [redacted] S [redacted] PO Joseph Bautista, PO B [redacted] B [redacted], PO R [redacted] R [redacted] and PO J [redacted] V [redacted] of the 67th Precinct approached Mr. C [redacted] vehicle. Officers instructed Mr. C [redacted] to exit the vehicle and he complied. As Mr. C [redacted] was standing outside his vehicle, PO B [redacted] and Sgt. S [redacted] searched Mr. C [redacted] vehicle (Allegation A: Abuse of Authority, Unsubstantiated; Allegation B: Abuse of Authority, Unsubstantiated). PO V [redacted] and PO Bautista allegedly used profanities while speaking to Mr. C [redacted] (Allegation C: Discourtesy, Unsubstantiated; Allegation D: Discourtesy, Unfounded). PO Baustista allegedly asked Mr. C [redacted] "What are you fucking retarded" (Allegation E: Offensive Language, Unfounded). At some point, PO V [redacted] and PO G [redacted] G [redacted] of the 67th Precinct arrived on the scene and arrested Mr. C [redacted] after he refused to take the breathalyzer test.
PO V [redacted] failed to prepare a memo book entry regarding this incident (Allegation F: Other Misconduct).
On September 2, 2018, at approximately 3:49 a.m., Mr. C [redacted] saw the same officers from his arrest on August 26, 2018 at East 52nd Street and Clarkson Avenue in Brooklyn. The officers recognized Mr. C [redacted] and PO Bautista used profanities while speaking to Mr. C [redacted] (Allegation G: Discourtesy, Unsubstantiated). Mr. C [redacted] was not issued a summons or arrested during this incident. Read report for details.


Details

Incident: August 26, 2018
Received: September 2, 2018
Closed: October 7, 2019

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Greggory Gingo, Sean Regan, Ronnie Rivera, Jacqueline Vista
Body-Worn Camera evidence collected