Complaint #201904455,
May 21, 2019

Officer: Delgado, Julio
Complainant: Black Male, 54
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Delgado, Julio
Complainant: Black Male, 54
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Pena, Raymond
Complainant: Black Female, 38
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Delgado, Julio
Complainant: Black Female, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Delgado, Julio
Complainant: Black Female, 38
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Delgado, Julio
Complainant: Black Male, 54
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Delgado, Julio Black Male, 54 Abuse of Authority: Vehicle search Exonerated
Delgado, Julio Black Male, 54 Abuse of Authority: Seizure of property Substantiated (Command Discipline A)
Pena, Raymond Black Female, 38 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Delgado, Julio Black Female, 38 Abuse of Authority: Vehicle search Exonerated
Delgado, Julio Black Female, 38 Abuse of Authority: Stop Exonerated
Delgado, Julio Black Male, 54 Abuse of Authority: Stop Exonerated

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.


Penalty

Delgado, Julio
Command Discipline - A

Summary

On May 21, 2019, at approximately 1:00 p.m., [redacted] and her boyfriend, [redacted] parked [redacted]s vehicle in a no-standing zone at the intersection of East 164th Street and Jerome Avenue in the Bronx (Board Review 26). With [redacted] in the driver's seat and [redacted] in the passenger's seat, they fell asleep. A pedestrian flagged down Captain Julio Delgado of Strategic Response Group 2 and informed him that two people were slumped over in a parked car, whose rear was sticking approximately three feet into traffic. Captain Delgado radioed for the 44th Precinct Patrol Supervisor, Sergeant Christian Alcantara, who arrived on scene with his operator, Police Officer Frankie Dodd of the 44th Precinct.
The officers approached [redacted] and [redacted] and woke them. They asked if they were alright, and requested that they exit the vehicle (Allegations A and B—Abuse of Authority—Stop [redacted]). They did so, and [redacted] provided his license to the officers. The officers allegedly searched the vehicle (Allegation C—Abuse of Authority- Vehicle search [redacted]), after which [redacted]s license was determined to be suspended. [redacted] was arrested, and Captain Delgado determined that [redacted]s vehicle would be taken to the stationhouse for safekeeping (Allegation D—Abuse of Authority—Property seizure [redacted]).
At the stationhouse, Police Officer Dodd and Police Officer Justen Fernandez of the 44th Precinct searched and inventoried [redacted]s vehicle (Allegation E- Abuse of Authority- Vehicle search [redacted]). Approximately six hours after the vehicle was brought to the stationhouse, [redacted] was allowed to retrieve it, during which time she allegedly asked Police Officer Raymond Pena of the 44th Precinct for a business card, which he did not provide (Allegation F—Abuse of Authority—Failure to provide RTKA card-[redacted]).
[redacted]s vehicle was ultimately issued a parking summons for violating New York City Department of Transportation Traffic Rule §4-08 (f)(1) (double parking) by parking... Read report for details.


Details

Incident: May 21, 2019
Received: May 22, 2019
Closed: December 12, 2019

Reason for contact: Parking violation
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Christian Alcantara, Ivan Angeles, Alfonsina Delacruz, Vincent Dempsey, Frankie Dodd, Justen Fernandez, Ali Hussain, Todd Jacoby, Alysha Johnson, John Latanzio, Steven Palladino, Stephen Rasulo
Body-Worn Camera evidence collected
Video evidence collected