Complaint #201904264,
May 15, 2019

Officer: Holder, James
Complainant: Black Male, 28
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Holder, James
Complainant: Black Male, 28
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Espinal, Edwin
Complainant: Age 27
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unfounded
Officer: Holder, James
Complainant: Black Male, 28
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Holder, James
Complainant: Black Male, 28
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Holder, James
Complainant: Black Male, 28
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Holder, James
Complainant: Age 27
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unfounded
Officer: Holder, James
Complainant: Black Male, 28
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Holder, James
Complainant: Age 27
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Conclusion
Holder, James Black Male, 28 Abuse of Authority: Vehicle stop Unsubstantiated
Holder, James Black Male, 28 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Espinal, Edwin Age 27 Abuse of Authority: Threat to damage/seize property Unfounded
Holder, James Black Male, 28 Abuse of Authority: Interference with recording Unsubstantiated
Holder, James Black Male, 28 Abuse of Authority: Search (of person) Unsubstantiated
Holder, James Black Male, 28 Abuse of Authority: Frisk Unsubstantiated
Holder, James Age 27 Abuse of Authority: Property damaged Unfounded
Holder, James Black Male, 28 Abuse of Authority: Vehicle search Unsubstantiated
Holder, James Age 27 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalty

Holder, James
Instructions

Summary

On May 15, 2019, at approximately 5:00 P.M., in the vicinity of 160th Street between Archer Avenue and Jamaica Avenue in Queens, PO James Holder of the 103rd precinct, who was working with Sgt. Edwin Espinal of the same command, pulled over the vehicle that [redacted] was driving for an alleged New York State Vehicle and Traffic Law infraction (Allegation A, Abuse of Authority: [redacted] 1). Both Sgt. Espinal and PO Holder told [redacted] that they smelled marijuana in the vehicle and Sgt. Espinal asked [redacted] to step out of the vehicle. PO Holder allegedly patted [redacted] down and entered his sweatshirt and pants pockets (Allegations B and C, Abuse of Authority: [redacted] 1). PO Holder then searched the interior of the vehicle, which was owned by [redacted] (Allegation D, Abuse of Authority: [redacted] approached the scene of the incident while PO Holder was conducting the vehicle search. During the vehicle search, PO Holder allegedly stopped the video recording on [redacted]s cell phone (Allegation E, Abuse of Authority: [redacted] 1) and damaged a seat panel in the vehicle (Allegation F, Abuse of Authority: [redacted] 1). Sgt. Espinal then allegedly threatened to seize [redacted]s vehicle (Allegation G, Abuse of Authority: [redacted] 1). During the interaction, PO Holder failed to offer [redacted] and [redacted] a business card (Allegations H and I, Abuse of Authority: [redacted]). Read report for details.


Details

Incident: May 15, 2019
Received: May 16, 2019
Closed: June 18, 2020

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 103rd Precinct Queens
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected