Complaint #201903480, February 2019

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
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)

Penalties

Hernandez, Heriberto
Instructions

Nesterwitz, Michael
Instructions

Matthews, Christopher
Instructions


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.