Complaint #201900253,
January 5, 2019

Officer: Zeni, Andrew
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Rosa, Felix
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Zeni, Andrew
Complainant: Black Male, 42
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer: Rosa, Felix
Complainant: Black Male, 42
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Zeni, Andrew Black Male, 42 Abuse of Authority: Vehicle stop Exonerated
Rosa, Felix Black Male, 42 Abuse of Authority: Vehicle search Exonerated
Zeni, Andrew Black Male, 42 Abuse of Authority: Seizure of property Unsubstantiated
Rosa, Felix Black Male, 42 Discourtesy: Word Unfounded
Unknown Officer Black Male, 40-44 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer Black Male, 40-44 Abuse of Authority: Property damaged Unsubstantiated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'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 January 5, 2019, at approximately 1:30 a.m., at Hamilton Avenue and Clinton Street in Brooklyn, Police Officer Andrew Zeni of the 76th Precinct stopped [redacted] vehicle for tinted windows (Allegation A: Abuse of Authority, [redacted]). PO Zeni's partner, Police Officer Felix Rosa of the 76th Precinct, then requested [redacted] license and registration. [redacted] opened his wallet and removed his documents, exposing an NYPD pendant. PO Rosa allegedly told [redacted] that the NYPD pendant, "Don't mean shit," and that [redacted] believed he could "get away with murder" for having such "bullshit" (Allegation: B: Discourtesy – Word, [redacted]). The officers reviewed [redacted] license for warrants and upon discovering he had an open warrant, arrested him. [redacted] denied having open warrants and stated he had paperwork proving such inside his vehicle to the officers. PO Rosa then searched [redacted] vehicle for the paperwork (Allegation C: Abuse of Authority, [redacted]). Sergeant Elio Ponzo of the 76th Precinct responded to the scene and upon determining [redacted] vehicle was a manual transmission, drove it to the 76th Precinct stationhouse.
PO Rosa and PO Zeni transported [redacted] to the 76th Precinct stationhouse, processed his arrest, and lodged him in the prisoner holding pen. PO Zeni then returned [redacted] wallet to him, stating that he removed the NYPD pendant to be vouchered. Upon [redacted] release from Brooklyn Central Booking, he returned to the 76th Precinct stationhouse and retrieved his property using Property Invoice [redacted]. The NYPD pendant was not among the items returned to him. (Allegation D: Abuse of Authority, [redacted]). [redacted] also retrieved his vehicle, and he observed the center console door was broken, the emergency break did not function, and the rear exterior of his vehicle had been scratched. [redacted] also observed boxes of paperwork and a spare tire strewn about in the hatchback of his vehicle, and concluded it had been searched (Allegations E-F: Abuse of... Read report for details.


Details

Incident: January 5, 2019
Received: January 9, 2019
Closed: October 7, 2019

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 76th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Man Lee, Elio Ponzo
Body-Worn Camera evidence collected