| Officer: | Mccloud, Malik |
|---|---|
| Complainant: | Hispanic Male, 48 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Unknown Officer |
| Complainant: | Hispanic Male, 45-49 |
| Allegation: | Abuse of Authority: Refusal to process civilian complaint |
| CCRB Conclusion: | Officer(s) Unidentified |
| Officer: | Bautista, Ernesto |
| Complainant: | Hispanic Male, 48 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Unfounded |
| Officer: | Bautista, Ernesto |
| Complainant: | Hispanic Male, 48 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Bautista, Ernesto |
| Complainant: | Hispanic Male, 48 |
| Allegation: | Discourtesy: Gesture |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Bautista, Ernesto |
| Complainant: | Hispanic Male, 48 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Mccloud, Malik | Hispanic Male, 48 | Abuse of Authority: Stop | Unsubstantiated |
| Unknown Officer | Hispanic Male, 45-49 | Abuse of Authority: Refusal to process civilian complaint | Officer(s) Unidentified |
| Bautista, Ernesto | Hispanic Male, 48 | Abuse of Authority: Threat of force (verbal or physical) | Unfounded |
| Bautista, Ernesto | Hispanic Male, 48 | Abuse of Authority: Stop | Unsubstantiated |
| Bautista, Ernesto | Hispanic Male, 48 | Discourtesy: Gesture | Unsubstantiated |
| Bautista, Ernesto | Hispanic Male, 48 | Discourtesy: Word | Substantiated (Command Discipline A) |
Further details on conclusions.
On November 12, 2018, at approximately 8:35 a.m., [redacted] was leaving his doctor's office located at [redacted] in the Bronx. As he exited the building to walk to his car, he was approached by PO Ernesto Bautista and PO Malik McCloud, of the 40th Precinct. PO Victor Lopez and Jessica Sancho, also of the 40th Precinct, were also present. [redacted] asked if he could leave, and PO Bautista said, "No, you're being detained." (Allegations A and B - Abuse of Authority: [redacted]). PO Bautista asked [redacted] about an altercation that had allegedly happened inside the doctor's office he had just left. [redacted] asked again if he could leave, and PO Bautista again said no, but, regardless, [redacted] got into his vehicle, which was parked nearby, and left the area.
[redacted] drove his car, a Lexus Sedan with tinted windows, down Third Avenue, and several minutes later he was pulled over at East 143rd Street by PO Bautista and PO McCloud. PO Lopez and PO Sancho, were present for this car stop as well. PO Bautista proceeded to issue [redacted] two summonses for excessive window tints. During the car stop, PO Bautista allegedly said, "Open your fucking window," several times, and said to [redacted] "Fucking ass pussy playing games," (Allegation C – Discourtesy: [redacted]). PO Bautista also allegedly said to [redacted] "I'll kick your ass," repeatedly (Allegation D – Abuse of Authority: [redacted]). PO Bautista issued [redacted] summonses for tinted windows, and then allegedly gave [redacted] the middle finger, and said, "Fuck you, you can get the fuck out of here now," (Allegation E – Discourtesy: [redacted]). The officers got back in their cars and left.
Immediately after the officers left, [redacted] went to the 40th Precinct stationhouse to file a complaint against the officers who had stopped him. He spoke to an unidentified officer and told him that he wanted to file a complaint against PO Bautista and PO McCloud. The officer told him to call the CCRB to file his complaint (Allegation F – Abuse of...
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