Complaint #201901383,
February 12, 2019

Officer: Flores, Jair
Complainant: Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fiorenza, Frank
Complainant: Male, 40
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Flores, Jair
Complainant: Male, 40
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer: Flores, Jair
Complainant: Male, 40
Allegation: Abuse of Authority: Electronic device information deletion
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Female
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Salgado, Miguel
Complainant: Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Yang, Hasuk
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Fiorenza, Frank
Complainant: Male, 40
Allegation: Offensive Language: Disability
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Conclusion
Flores, Jair Male, 40 Force: Physical force Exonerated
Fiorenza, Frank Male, 40 Discourtesy: Word Substantiated (Command Lvl Instructions)
Flores, Jair Male, 40 Abuse of Authority: Search of recording device Unsubstantiated
Flores, Jair Male, 40 Abuse of Authority: Electronic device information deletion Unsubstantiated
Unknown Officer Male, 40-44 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Female Abuse of Authority: Threat of arrest Alleged Victim Uncooperative
Salgado, Miguel Male, 40 Force: Physical force Exonerated
Yang, Hasuk Abuse of Authority: Threat of arrest Alleged Victim Uncooperative
Fiorenza, Frank Male, 40 Offensive Language: Disability Substantiated (Command Lvl Instructions)

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
'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

Fiorenza, Frank
Instructions

Summary

On February 12, 2019, at approximately 12:39 a.m., PO Jair Flores and PO Miguel Salgado, both of the 70th Precinct, stopped [redacted] vehicle in front of [redacted] in Brooklyn. Officers, including PO Flores and PO Salgado, pulled [redacted] out of the vehicle and brought him to the ground (Allegations A and B: Force, [redacted]). While handcuffing [redacted] an officer(s) instructed [redacted] to give the officers his "fucking" hands and referred to him as a "fucker" or as a "motherfucker" (Allegation C: Discourtesy, [redacted]). While awaiting EMS, [redacted] discussed how he wanted to speak to the supervisor so he could "present his case." PO Frank Fiorenza, also of the 70th Precinct, told [redacted] that he did not "have shit" because the officers had him on camera and also referred to [redacted] license plate as "bullshit." (Allegation D: Discourtesy, [redacted]). He also mocked [redacted] stutter (Allegation E: Offensive Language, [redacted]). [redacted] sustained a laceration to his left eyebrow as a result of being brought to the ground. He was sent to [redacted] where he received three stitches. He was charged with [redacted] [BR 02]. After [redacted] was sent to the hospital, his parents, [redacted] and [redacted] went to the scene of his arrest. There, Sgt. Hasuk Yang, also of the 70th Precinct, allegedly threatened to arrest [redacted] and an officer allegedly threatened to arrest [redacted] (Allegations F and G: Abuse of Authority, [redacted]). When [redacted] picked up his cell phones from the stationhouse after his arrest, he realized that all the photos and videos pertaining police encounters were deleted (Allegations H and I: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: February 12, 2019
Received: February 14, 2019
Closed: January 27, 2020

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 70th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Andrew Demichael, Marika Williams
Body-Worn Camera evidence collected
Video evidence collected