Complaint #201905380,
June 1, 2019

Officer: Spalding, Joseph
Complainant: Black Male, 49
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Ortiz, Luis
Complainant: Black Male, 49
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Spalding, Joseph
Complainant: Black Male, 49
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Luis
Complainant: Black Male, 49
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Bogucki, Edward
Complainant: Black Male, 49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Spalding, Joseph
Complainant: Black Male, 49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Spalding, Joseph
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Bogucki, Edward
Complainant: Black Male, 49
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Spalding, Joseph Black Male, 49 Abuse of Authority: Vehicle search Exonerated
Ortiz, Luis Black Male, 49 Abuse of Authority: Vehicle search Exonerated
Spalding, Joseph Black Male, 49 Abuse of Authority: Vehicle stop Unsubstantiated
Ortiz, Luis Black Male, 49 Abuse of Authority: Vehicle stop Unsubstantiated
Bogucki, Edward Black Male, 49 Abuse of Authority: Threat of arrest Substantiated (Formalized Training)
Spalding, Joseph Black Male, 49 Abuse of Authority: Threat of arrest Unsubstantiated
Spalding, Joseph Black Male, 26 Abuse of Authority: Frisk Substantiated (Formalized Training)
Bogucki, Edward Black Male, 49 Abuse of Authority: Frisk Substantiated (Formalized Training)

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

Spalding, Joseph
Formalized Training

Bogucki, Edward
Formalized Training

Summary

On June 1, 2019, at approximately 8:50 p.m., Sgt. Joseph Spalding, PO Edward Bogucki, and PO Luis Ortiz, of Strategic Response 2, conducted a vehicle stop at Boston Road and Union Avenue in the Bronx. The rear driver's side door of the police vehicle opened and [redacted] honked and stopped his vehicle to avoid colliding with the door. PO Ortiz approached [redacted] asked what the problem was, and told [redacted] to pull his vehicle over (Allegations A-B: Abuse of Authority, [redacted]). After [redacted] and the passenger, [redacted] exited, Sgt. Spalding frisked [redacted] and PO Bogucki frisked [redacted] (Allegations C and D: Abuse of Authority, [redacted]). Sgt. Spalding and PO Ortiz searched [redacted]'s vehicle (Allegations E and F: Abuse of Authority, [redacted]). While at the rear of the vehicle, [redacted] turned around to watch the vehicle search. PO Bogucki told him that if he turned around, he would be placed in handcuffs (Allegation G: Abuse of Authority, [redacted]). [redacted] went to the 42nd Precinct stationhouse and Sgt. Spalding stated that he could be arrested (Allegation H: Abuse of Authority, [redacted]). [redacted] was issued a summons for [redacted] (BR 01), which was recovered from his vehicle, and [redacted] was arrested on an unrelated bench warrant. Read report for details.


Details

Incident: June 1, 2019
Received: June 19, 2019
Closed: May 15, 2020

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected