Complaint #201901453,
February 16, 2019

Officer: Charles, Richard
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Charles, Richard
Complainant: White, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Smith, Philip
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Smith, Philip
Complainant: White, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Charles, Richard
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Smith, Philip
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Smith, Philip
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Charles, Richard
Complainant: Hispanic Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Charles, Richard
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Moreno, Ricardo
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Moreno, Ricardo
Complainant: White, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Smith, Philip
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Charles, Richard
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Moreno, Ricardo
Complainant: White, 22
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Smith, Philip
Complainant: White, 22
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Charles, Richard
Complainant: White, 22
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Moreno, Ricardo
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Massa, Pete
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Dean, Joseph
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Charles, Richard Hispanic Male, 25 Abuse of Authority: Stop Exonerated
Charles, Richard White, 22 Abuse of Authority: Stop Exonerated
Smith, Philip Hispanic Male, 25 Abuse of Authority: Stop Exonerated
Smith, Philip White, 22 Abuse of Authority: Stop Exonerated
Charles, Richard Hispanic Male, 25 Abuse of Authority: Frisk Unsubstantiated
Smith, Philip Hispanic Male, 25 Abuse of Authority: Property damaged Unsubstantiated
Smith, Philip Hispanic Male, 25 Abuse of Authority: Vehicle search Unsubstantiated
Charles, Richard Hispanic Male, 25 Discourtesy: Word Unsubstantiated
Charles, Richard Hispanic Male, 25 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Moreno, Ricardo Hispanic Male, 25 Abuse of Authority: Stop Exonerated
Moreno, Ricardo White, 22 Abuse of Authority: Stop Exonerated
Smith, Philip Hispanic Male, 25 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Charles, Richard Hispanic Male, 25 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Moreno, Ricardo White, 22 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Smith, Philip White, 22 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Charles, Richard White, 22 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Moreno, Ricardo Hispanic Male, 25 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Massa, Pete Hispanic Male, 25 Abuse of Authority: Refusal to process civilian complaint Miscellaneous - Subject Retired
Dean, Joseph Hispanic Male, 25 Abuse of Authority: Refusal to process civilian complaint 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.
'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.


Penalties

Moreno, Ricardo
Instructions

Charles, Richard
Instructions

Smith, Philip
Instructions

Summary

On February 16, 2019, at approximately 2:30 p.m., [redacted] and [redacted] exited a Rite Aid pharmacy located at 47-07 Broadway in Queens and entered [redacted]s vehicle, which was illegally parked in a handicap spot in the Rite Aid parking lot. Before [redacted] could turn on his vehicle's engine, Det. Philip Smith, Det. Richard Charles, and Det. Richardo Moreno of Narcotics Borough Queens North stopped [redacted] and [redacted] (Allegations A, B, C, D, E, and F: Abuse of Authority - [redacted]) and [redacted] exited [redacted]s vehicle and Det. Charles frisked [redacted] (Allegation G: Abuse of Authority - [redacted]). Det. Smith searched and damaged [redacted]s vehicle (Allegations H and I: Abuse of Authority - [redacted]). [redacted] protested the validity of the stop and Det. Charles asked him, "What are you, advocating to become a fucking lawyer?" (Allegation J: Discourtesy - [redacted]). [redacted] asked Det. Charles for his shield number and he refused to provide the information (Allegation K: Abuse of Authority - [redacted]). The officers left and failed to provide [redacted] and [redacted] with business cards (Allegations L, M, N, O, P, and Q: Abuse of Authority - [redacted]). At approximately 3:38 p.m., [redacted] went to the 114th Precinct stationhouse to file a complaint regarding the incident, and Sgt. Pete Massa of the 114th Precinct refused to process [redacted]s complaint (Allegation R: Abuse of Authority - [redacted]). At approximately 4:14 p.m., [redacted] went to the 115th Precinct stationhouse to file a complaint regarding the incident. Lt. Joseph Dean refused to process [redacted]s complaint (Allegation S: Abuse of Authority - [redacted]). Read report for details.


Details

Incident: February 16, 2019
Closed: March 19, 2020

Reason for contact: PD suspected C/V of violation/crime - auto
In NYPD 114th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Cydnee Davis