Complaint #201903480,
February 5, 2019

Officer: Nesterwitz, Michael
Complainant: Hispanic Male, 51
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Luciano, Jason
Complainant: Hispanic Male, 51
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Rodriguez, Enrique
Complainant: Hispanic Male, 51
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Mattar, Christopher
Complainant: Hispanic Male, 51
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Heriberto
Complainant: Hispanic Male, 51
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Matthews, Christopher
Complainant: Hispanic Male, 51
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Hernandez, Heriberto
Complainant: Hispanic Male, 51
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Conclusion
Nesterwitz, Michael Hispanic Male, 51 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Luciano, Jason Hispanic Male, 51 Abuse of Authority: Forcible Removal to Hospital Exonerated
Rodriguez, Enrique Hispanic Male, 51 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Mattar, Christopher Hispanic Male, 51 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Hernandez, Heriberto Hispanic Male, 51 Abuse of Authority: Stop Exonerated
Matthews, Christopher Hispanic Male, 51 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Hernandez, Heriberto Hispanic Male, 51 Abuse of Authority: Failure to provide RTKA card 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.
'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

Hernandez, Heriberto
Instructions

Nesterwitz, Michael
Instructions

Matthews, Christopher
Instructions

Summary

On February 5, 2019, at approximately 11:46 a.m., at [redacted] in Brooklyn, Lieutenant Jason Luciano of the 62nd Precinct forcibly removed [redacted] to the hospital (Allegation A: Abuse of Authority, [redacted]).
On April 23, 2019, at approximately 10:30 a.m., at [redacted] in Brooklyn, Police Officer Christopher Mattar and Police Officer Enrique Rodriguez, both of the 62nd Precinct allegedly failed to provide [redacted] with their business cards (Allegations B and C: Abuse of Authority, [redacted]).
On April 23, 2019, at approximately 12:34 p.m., Sergeant Heriberto Hernandez, Police Officer Christopher Matthews, Police Officer Michael Nesterwitz, and Lieutenant Luciano, all of the 62nd Precinct, responded to a call regarding a dispute between [redacted] and his neighbor, Jacqulyn Neary, outside of [redacted] in Brooklyn. Sgt. Hernandez stopped [redacted] (Allegation D: Abuse of Authority, [redacted]) and failed to provide [redacted] with a business card (Allegation E: Abuse of Authority, [redacted]). PO Matthews and PO Nesterwitz also failed to provide [redacted] with business cards (Allegations F and G: Abuse of Authority, [redacted]).
[redacted] was not arrested or summonsed during these incidents. Read report for details.


Details

Incident: February 5, 2019
Received: April 24, 2019
Closed: February 6, 2020

Reason for contact: Report-gun possession/shots fired
Location: Apartment/house
In NYPD 62nd Precinct Brooklyn
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected