Complaint #201900361,
January 4, 2019

Officer: Loveraz, Josmar
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Santana, Richard
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Investigator Recommendation: Training Issue – Refer to RMB
CCRB Board Conclusion: Exonerated
Officer: Batista, Giselle
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Investigator Recommendation: Training Issue – Refer to RMB
CCRB Board Conclusion: Exonerated
Officer: Batista, Giselle
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Loveraz, Josmar
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Batista, Giselle
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Batista, Giselle
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Loveraz, Josmar Hispanic Male, 32 Abuse of Authority: Interference with recording Exonerated
Santana, Richard Hispanic Male, 32 Abuse of Authority: Failure to provide RTKA card Exonerated
CCRB Investigator Recommendation: Training Issue – Refer to RMB
Batista, Giselle Hispanic Male, 32 Abuse of Authority: Failure to provide RTKA card Exonerated
CCRB Investigator Recommendation: Training Issue – Refer to RMB
Batista, Giselle Hispanic Male, 32 Abuse of Authority: Refusal to provide shield number Substantiated (Formalized Training)
Loveraz, Josmar Hispanic Male, 32 Abuse of Authority: Threat of arrest Exonerated
Batista, Giselle Hispanic Male, 32 Abuse of Authority: Refusal to provide name Unfounded
Batista, Giselle Hispanic Male, 32 Abuse of Authority: Threat of arrest Exonerated

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalty

Batista, Giselle
No Finding
Closed Administratively (No penalty reported)

Summary

On January 4, 2019, at approximately 4:24 p.m., [redacted] entered the East Tremont Avenue subway station in the Bronx and was stopped by PO Josmar Loveraz of Transit Bureau District 12. PO Giselle Batista, PO Richard Santana, and PO Isauris Valdez, all from Transit Bureau District 12 also arrived. PO Loveraz and PO Batista both threatened to arrest [redacted] (Allegation A -Abuse of Authority: Threat of arrest, [redacted]) (Allegation B -Abuse of Authority: Threat of arrest, [redacted]). [redacted] attempted to use his cell phone to record footage of the incident, and PO Loveraz instructed him to cease doing so (Allegation C -Abuse of Authority: Interference with recording device, [redacted]). [redacted] requested PO Batista's name and shield number, and she refused to provide this information (Allegation D -Abuse of Authority: Refusal to provide name, [redacted]) (Allegation E -Abuse of Authority: Refusal to provide shield number, [redacted]).
At the conclusion of the incident, [redacted] had not been provided business cards by any of the officers present (Allegation F -Abuse of Authority: Failure to provide RTKA card, [redacted]) (Allegation G -Abuse of Authority: Failure to provide RTKA card, [redacted]). [redacted] was issued two summonses as a result of the incident (Board Review 01). Read report for details.


Details

Incident: January 4, 2019
Received: January 14, 2019
Closed: June 19, 2019

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 48th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Kenneth Mcnair, Isauris Valdez
Body-Worn Camera evidence collected
Video evidence collected