Complaint #201900623,
December 4, 2018

Officer: Francis, Marcel
Complainant: Black Male, 55
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Ayala, Nelson
Complainant: Black Male, 24
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Ayala, Nelson
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Ayala, Nelson
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Ayala, Nelson
Complainant: Black Male, 55
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Francis, Marcel
Complainant: Black Male, 55
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Ayala, Nelson
Complainant: Black Male, 24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Francis, Marcel Black Male, 55 Abuse of Authority: Vehicle search Unsubstantiated
Ayala, Nelson Black Male, 24 Abuse of Authority: Interference with recording Unsubstantiated
Ayala, Nelson Abuse of Authority: Search of Premises Exonerated
Ayala, Nelson Abuse of Authority: Entry of Premises Exonerated
Ayala, Nelson Black Male, 55 Abuse of Authority: Vehicle stop Unsubstantiated
Francis, Marcel Black Male, 55 Abuse of Authority: Vehicle stop Unsubstantiated
Ayala, Nelson Black Male, 24 Abuse of Authority: Threat of arrest Exonerated
Unknown Officer Black Male, 55-59 Abuse of Authority: Frisk Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 December 4, 2018, at approximately 7:57 p.m., in the vicinity of [redacted] in Brooklyn, [redacted] pulled out of a parking space and started to drive around the block, when he was stopped by Sergeant Nelson Ayala and Detective Marcel Francis of the 69th Precinct (Allegations A and B, Abuse of Authority). He was ordered to step outside of his vehicle. Police Officer Francis searched [redacted]'s vehicle (Allegation C, Abuse of Authority). At the back of his vehicle officers frisked him (Allegation D, Abuse of Authority). Sgt. Ayala asked to check [redacted]'s firearm and [redacted] walked officers to his residence at [redacted]. Sergeant Ayala entered and searched [redacted] (Allegations E and F Abuse of Authority). [redacted]'s son, [redacted] recorded a portion of the incident inside [redacted] and Sgt. Ayala allegedly told him that he could not record, (Allegation G, Abuse of Authority). While at the residence, Sgt. Ayala allegedly told [redacted]'s other son, [redacted] if he lied about having the gun, did not tell them about it but they found the gun, that [redacted] and [redacted] were "going down for the same gun," (Allegation H, Abuse of Authority). [redacted] was arrested and the arrest is sealed. Read report for details.


Details

Incident: December 4, 2018
Received: January 22, 2019
Closed: December 12, 2019

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Residential building
In NYPD 73rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Brandon Agosto, Syed Mahmud
Video evidence collected