Complaint #201901748,
February 14, 2019

Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Sandra
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Martinez, Sandra
Complainant: Hispanic Male, 24
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Sandra
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Sandra
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Martinez, Sandra
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Sexual Misconduct (Sexual Humiliation)
CCRB Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Stop Substantiated (Formalized Training)
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Refusal to provide name Unsubstantiated
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Martinez, Sandra Hispanic Male, 24 Abuse of Authority: Stop Substantiated (Formalized Training)
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Threat of arrest Unsubstantiated
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Frisk Unsubstantiated
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Search (of person) Unsubstantiated
Donovan, Miguel Hispanic Male, 24 Offensive Language: Sexual orientation Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Martinez, Sandra Hispanic Male, 24 Offensive Language: Sexual orientation Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Donovan, Miguel Hispanic Male, 24 Force: Physical force Unsubstantiated
Martinez, Sandra Hispanic Male, 24 Discourtesy: Word Unsubstantiated
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Martinez, Sandra Hispanic Male, 24 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Threat of arrest Substantiated (Formalized Training)
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Threat of summons Substantiated (Formalized Training)
Martinez, Sandra Hispanic Male, 24 Abuse of Authority: Sexual Misconduct (Sexual Humiliation) Unsubstantiated
Recategorized as Abuse of Authority: Other on August 5, 2023
Donovan, Miguel Hispanic Male, 24 Abuse of Authority: Threat of summons Unsubstantiated
Donovan, Miguel Hispanic Male, 24 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'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

Donovan, Miguel
Formalized Training

Martinez, Sandra
Formalized Training

Summary

At approximately 7:15 p.m. on February 14, 2019, [redacted] was walking on 178th Street between Hughes Avenue and Arthur Avenue in the Bronx, when Police Officer Sandra Martinez and Police Officer Miguel Donovan, of the 48th Precinct, observed him from their car. PO Martinez came up from behind him and grabbed his arm to stop him (Allegation A and Allegation B: Abuse of Authority: Stop: [redacted]). [redacted] asked PO Martinez to "identify herself," and she allegedly told him, "You know who the fuck we are," (Allegation C: Discourtesy: Word: [redacted]). [redacted] continued to walk on 178th Street, away from PO Martinez, and took his phone out to call his mother. Before he could place the call, Police Officer Miguel Donovan, also of the 48th Precinct, walked up to [redacted] grabbed his phone out of his hand, and allegedly pushed him against a wall (Allegation D: Force: Physical Force: [redacted]). PO Donovan then told [redacted] that he could arrest him or give him a summons (Allegation E: Threat of arrest and Allegation F: Threat of Summons: [redacted]).
After [redacted] provided his identification to PO Martinez, PO Donovan patted down [redacted] waist and pants (Allegation G: Abuse of Authority: Frisk: [redacted]). PO Donovan then allegedly ran his finger on the inside of [redacted] shoes and allegedly searched inside all of [redacted] pants pockets and jacket pockets (Allegation H: Abuse of Authority: Search: [redacted]). PO Donovan allegedly took a package of condoms out of one of [redacted] jacket pocket and allegedly made an unspecified comment about [redacted] "being gay" (Allegation I: Offensive Language: Sexual Orientation: [redacted]). PO Martinez allegedly said, "Who are you fucking, your boyfriend?" to [redacted] (Allegation J: Abuse of Authority: Sexual Misconduct: [redacted] and Allegation K: Offensive Language: Sexual Orientation: [redacted]).
PO Donovan also allegedly lifted [redacted] shirt over his bellybutton (Also Allegation H) and both PO Donovan and PO Martinez allegedly commented... Read report for details.


Details

Incident: February 14, 2019
Received: February 26, 2019
Closed: May 15, 2020
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 48th Precinct Bronx
Outcome: No arrest made or summons issued