Complaint #201901838,
June 4, 2018

Officer: Martinez, Kathy
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Ates, Bilal
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ates, Bilal
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Kathy
Complainant: Hispanic Male, 25-29
Allegation: Force: Gun Pointed
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Gun Pointed
CCRB Conclusion: Officer(s) Unidentified
Officer: Ates, Bilal
Complainant: Hispanic Male, 25-29
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Ates, Bilal
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Martinez, Kathy Hispanic Male, 25-29 Abuse of Authority: Refusal to obtain medical treatment Miscellaneous - Subject Retired
Ates, Bilal Hispanic Male, 25-29 Force: Physical force Unsubstantiated
Ates, Bilal Hispanic Male, 25-29 Discourtesy: Word Unsubstantiated
Martinez, Kathy Hispanic Male, 25-29 Force: Gun Pointed Miscellaneous - Subject Retired
Unknown Officer Hispanic Male, 25-29 Force: Gun Pointed Officer(s) Unidentified
Ates, Bilal Hispanic Male, 25-29 Force: Gun Pointed Unsubstantiated
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Vehicle search Exonerated
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Property damaged Officer(s) Unidentified
Ates, Bilal Hispanic Male, 25-29 Force: Physical force Unsubstantiated
Unknown Officer Hispanic Male, 21-24 Force: Physical force Officer(s) Unidentified
Unknown Officer Hispanic Male, 25-29 Force: Physical force 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

Prior to the incident, [redacted] agreed to sell at least 180 grams of heroin to an individual who was later revealed to be an undercover police officer. At approximately 3:10 p.m. on June 4, 2018, [redacted] traveled to [redacted] in Queens to meet the undercover officer and conduct the sale. He was accompanied by [redacted], [redacted] and [redacted].
Once they arrived, a team of plainclothes officers from the Auto Crime Unit, which included Sergeant Bilal Ates, Detective Kathy Martinez, Detective Robert Smith, Detective Emrah Ates and Police Officer Scott Berger, surrounded the civilians' vehicle. The officers allegedly had their guns drawn and pointed at the civilians' vehicle (Allegations A, B and C: Force - Gun pointed, [redacted]). Sergeant Ates allegedly told the civilians, "Get out of the fucking car" (Allegation D: Discourtesy - Word, [redacted]). Another officer also broke one of the windows on the civilians' vehicle (Allegation E: Abuse of Authority - Property damaged, [redacted]). Officers then pulled the civilians out of their vehicle, throwing them to the ground (Allegations F through I: Force - Physical force, [redacted]). When [redacted] protested, Sergeant Ates allegedly told him, "Shut the fuck up" (Subsumed in Allegation D). He then allegedly punched [redacted] in the face (Subsumed in Allegation G). [redacted] and the other civilians were arrested and taken into custody. Officers then searched the interior of the civilians' vehicle, recovering [redacted]s heroin (Allegation J: Abuse of Authority - Vehicle search, [redacted]). [redacted] allegedly complained to Detective Martinez that his vision had gone blurry as a result of the force used during his arrest. Detective Martinez allegedly failed to obtain medical treatment for [redacted] (Allegation K: Abuse of Authority - Refusal to provide medical attention, [redacted]).
[redacted], [redacted] and [redacted] were all arrested and charged with criminal sale of a controlled substance (Board Review #01-02).
Due to the ongoing criminal case,... Read report for details.


Details

Incident: June 4, 2018
Received: February 27, 2019
Closed: May 13, 2021

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 109th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Emrah Ates, Scott Berger, Robert Smith