| Officer: | Modesto, Fabian |
|---|---|
| Complainant: | Black Male, 25-29 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Modesto, Fabian |
| Complainant: | Black Male, 25-29 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Exonerated |
| Officer: | Modesto, Fabian |
| Complainant: | Black Male, 25-29 |
| Allegation: | Force: Gun Pointed |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Modesto, Fabian |
| Complainant: | Black Male, 25-29 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Modesto, Fabian |
| Complainant: | Black Male, 25-29 |
| Allegation: | Abuse of Authority: Refusal to provide name |
| CCRB Conclusion: | Unfounded |
| Officer: | Modesto, Fabian |
| Complainant: | Black Male, 25-29 |
| Allegation: | Abuse of Authority: Refusal to provide shield number |
| CCRB Conclusion: | Unfounded |
| Officer: | Modesto, Fabian |
| Complainant: | Black Male, 25-29 |
| Allegation: | Force: Gun Pointed |
| CCRB Investigator Recommendation: | Substantiated |
| CCRB Board Conclusion: | Exonerated |
| Officer: | Modesto, Fabian |
| Complainant: | Black Male, 25-29 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Tolson, Andrew |
| Complainant: | Black Male, 25-29 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unsubstantiated |
| Officer | Complainant | Allegation | CCRB Board Conclusion |
|---|---|---|---|
| Modesto, Fabian | Black Male, 25-29 | Force: Physical force | Unsubstantiated |
| Modesto, Fabian | Black Male, 25-29 | Discourtesy: Word | Exonerated |
| Modesto, Fabian | Black Male, 25-29 | Force: Gun Pointed | Unsubstantiated |
| Modesto, Fabian | Black Male, 25-29 | Abuse of Authority: Threat of force (verbal or physical) | Unsubstantiated |
| Modesto, Fabian | Black Male, 25-29 | Abuse of Authority: Refusal to provide name | Unfounded |
| Modesto, Fabian | Black Male, 25-29 | Abuse of Authority: Refusal to provide shield number | Unfounded |
| Modesto, Fabian | Black Male, 25-29 | Force: Gun Pointed | Exonerated |
| CCRB Investigator Recommendation: Substantiated | |||
| Modesto, Fabian | Black Male, 25-29 | Discourtesy: Word | Substantiated (Command Discipline A) |
| Tolson, Andrew | Black Male, 25-29 | Discourtesy: Word | Unsubstantiated |
Further details on conclusions.
On May 25, 2019, at approximately 8:30 p.m., [redacted] was driving on a Tail-G electric scooter on single-lane East 26th Street between Newkirk Avenue and Avenue D in Brooklyn. An unmarked black Impala, driven by PO James Lukeson, with passengers PO Richard Ortega and PO Fabian Modesto, all of the 67th Precinct, suddenly drove past [redacted]. The black Impala stopped in front of [redacted] and [redacted] swerved towards parallel parked vehicles on the left side of the road and continued driving. PO Modesto exited the unmarked vehicle and allegedly pointed his gun at [redacted] (Allegation A: Force, [redacted]). [redacted] made a U-turn on East 26th Street and began driving against traffic, at which time PO Modesto allegedly stated, "You better fucking stop before I shoot you in your back" (Allegation B: Discourtesy, [redacted]) (Allegation C: Abuse of Authority, [redacted]).
[redacted] drove two blocks in the wrong direction on East 26th Street, before turning right onto the sidewalk on the northwestern side of the intersection of East 26th Street and Flatbush Avenue. [redacted] then got off his scooter and laid on the ground with his arms and legs extended from his body. PO Modesto ran towards [redacted] with his gun, pointing it at [redacted] and ultimately placing it against his back (Allegation D: Force, [redacted]). PO Modesto then allegedly struck [redacted] in the face with his knee, causing [redacted]'s face to collide with the ground (Allegation E: Force, [redacted]). [redacted] asked why PO Modesto had kicked him in his face, and PO Modesto replied, "I didn't kick you in your fucking face," and "You're a fucking liar" (Allegation F: Discourtesy, [redacted]). [redacted] asked PO Modesto for his name and shield number, which PO Modesto allegedly failed to provide (Allegation G: Abuse of Authority, [redacted]) (Allegation H: Abuse of Authority, [redacted]). After [redacted] was arrested, additional officers, including Lieutenant Matthew Oetting, arrived on scene.
[redacted] was arrested for [redacted]...
Read report for details.