| Officer: | Wallace, Michelle |
|---|---|
| Complainant: | Hispanic Male, 36 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Exonerated |
| Officer: | Martinez, Pearce |
| Complainant: | Hispanic Male, 36 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Exonerated |
| Officer: | Arvelo, Melissa |
| Complainant: | Hispanic Male, 36 |
| Allegation: | Abuse of Authority: Refusal to process civilian complaint |
| CCRB Conclusion: | Substantiated (Formalized Training) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Wallace, Michelle | Hispanic Male, 36 | Abuse of Authority: Threat of arrest | Exonerated |
| Martinez, Pearce | Hispanic Male, 36 | Abuse of Authority: Threat of arrest | Exonerated |
| Arvelo, Melissa | Hispanic Male, 36 | Abuse of Authority: Refusal to process civilian complaint | Substantiated (Formalized Training) |
Further details on conclusions.
On January 2, 2019, at approximately 8:30 a.m., [redacted] got in a dispute over a parking spot with two unidentified females in front of [redacted] in Queens. The females assaulted [redacted] displayed a can of pepper spray to defend himself, but denied spraying it at the females.
When the police arrived, [redacted] told officers that he was assaulted by the females and that he wanted them to be arrested. Sgt. Pearce Martinez, from PSA 9, told [redacted] that if the females were getting arrested, he would get arrested as well, because he had a can of pepper spray in his hand (Allegation A: Abuse of Authority- Threat of Arrest, [redacted] told Sgt. Martinez that he did not use the pepper spray and that he only had it for self-defense purposes. Sgt. Martinez replied, "Jump in the car and go, unless you want to go to jail," (Subsumed in Allegation A). [redacted] complied and left.
On January 2, 2019, before 3:45 p.m., [redacted] went to the 114th Precinct stationhouse in Queens to file a complaint against Sgt. Martinez. While at the stationhouse, [redacted] spoke to PO Melissa Buck, of the 114th Precinct, who completed a complaint report regarding [redacted] s assault, but never took the complaint against Sgt. Martinez (Allegation B: Abuse of authority- Refusal to Process Civilian Complaint, [redacted]
On January 6, 2019, at approximately 6:00 p.m., [redacted] returned to the 114th Precinct stationhouse and met with Det. Michelle Wallace, from the 114th Precinct Detective Squad, who was assigned to investigate his criminal complaint against the females. During the interview, Det. Wallace said to [redacted] "You can go through the process, but all I am saying is that once I go and pick these individuals up and they tell me that you had a can of pepper spray, and that they wish to pursue charges against you, do not get surprised that I call you and tell you to turn yourself in" (Allegation C: Abuse of Authority- Threat of Arrest, [redacted]
[redacted] was not arrested or summonsed as a result of either incident.
Read report for details.