Complaint #201809920,
November 17, 2018

Officer: Andrade, Antonio
Complainant: Hispanic Male, 47
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Andrade, Antonio
Complainant: Hispanic Male, 47
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Andrade, Antonio
Complainant: Hispanic Male, 47
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Andrade, Antonio Hispanic Male, 47 Abuse of Authority: Interference with recording Substantiated (Command Discipline A)
Andrade, Antonio Hispanic Male, 47 Discourtesy: Word Substantiated (Command Discipline A)
Andrade, Antonio Hispanic Male, 47 Abuse of Authority: Search of recording device 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

Andrade, Antonio
No Finding
Closed Administratively (No penalty reported)

Summary

On November 17, 2018, at approximately 7:30 p.m., [redacted] jumped over the turnstile to enter the 168th Street Subway station, in Manhattan, on the A and 1 Train lines. [redacted] was making an audio recording on his phone prior to interacting with officers and continued to record during the incident.
PO Antonio Andrade and PO Amy Schenk stopped [redacted] told PO Andrade and PO Schenk that he was in a homeless shelter and could not afford his fare.
PO Andrade responded, "I don't give a shit. That doesn't mean you break the law" (Allegation A: Discourtesy, [redacted]).
PO Andrade grabbed [redacted]'s phone and asked him why he was recording (Allegation B: Abuse of Authority, [redacted]).
PO Andrade stopped the recording and deleted a portion of it (Allegation C: Abuse of Authority, [redacted]).
PO Andrade issued [redacted] a summons for fare evasion (Board Review 01 and 02). [redacted] Read report for details.


Details

Incident: November 17, 2018
Received: November 29, 2018
Closed: July 11, 2019

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 33rd Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Amy Schenk
Video evidence collected