Complaint #201901491,
February 7, 2019

Officer: Fox, Timothy
Complainant: Male, 27
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Cruz, Ever
Complainant: Male, 27
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Fox, Timothy Male, 27 Abuse of Authority: Stop Substantiated (Command Discipline A)
Cruz, Ever Male, 27 Abuse of Authority: Stop Substantiated (Command Discipline A)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Fox, Timothy
Command Discipline - A

Cruz, Ever
Command Discipline - A

Summary

On February 7, 2019, at approximately 10:45 p.m., [redacted] and [redacted] arrived at [redacted] in Brooklyn. As they arrived, a friend that lived in the building, whose name was not obtained by the investigation, set off his car alarm as a joke on the two. The alarm stopped shortly after, and [redacted] sat inside his car, which was running, talking with [redacted] who stood outside the car. After about five minutes, two officers, Lt. Timothy Fox and PO Ever Cruz from the 90th Precinct, pulled up behind [redacted] with their lights and sirens on and approached the vehicle (Allegation A and B: Abuse of Authority; [redacted]). PO Cruz asked [redacted] for his license and registration, which he provided. PO Cruz then explained that they were responding to a call for a car alarm, and [redacted] responded that a friend had set if off as a joke. Two additional officers, PO Jorge Ramos and PO Kevin Lynch from Housing Unit 3, arrived on scene. The four officers and [redacted] engaged in a back and forth conversation, in which [redacted] was ultimately summonsed for [redacted]. [redacted] was not issued a summons or arrested as a result of this incident. Read report for details.


Details

Incident: February 7, 2019
Received: February 18, 2019
Closed: September 17, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: NYCHA
In NYPD 90th Precinct Brooklyn
Outcome: Summons - other violation/crime

Witness Officers: Kevin Lynch, Jorge Ramos
Body-Worn Camera evidence collected
Video evidence collected