Complaint #201906653,
July 30, 2019

Officer: Alvarado, Marlo
Complainant: Asian Male, 28
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Alvarado, Marlo
Complainant: Asian Male, 28
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Mendez, Kevin
Complainant: Asian Male, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Mendez, Kevin
Complainant: Asian Male, 28
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Alvarado, Marlo Asian Male, 28 Abuse of Authority: Threat of arrest Exonerated
Alvarado, Marlo Asian Male, 28 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Mendez, Kevin Asian Male, 28 Discourtesy: Word Unsubstantiated
Mendez, Kevin Asian Male, 28 Force: Other Unsubstantiated

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.
'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.


Summary

On July 30, 2019, at approximately 4:30 a.m., [redacted] was driving southbound on [redacted] in Queens. He was stopped by PO Marlo Alvarado and PO Kevin Mendez of the 114th Precinct, near the intersection of [redacted]. PO Alvarado requested [redacted]'s license and registration. When [redacted] refused, PO Alvarado threatened to arrest [redacted] (Allegation A: Abuse of Authority). [redacted] complied and handed his license and registration to PO Alvarado. After walking back to their RMP, both officers walked back to [redacted]'s vehicle, each with a summons. [redacted] started filming the interaction with his phone-camera. After PO Mendez handed [redacted] the summons, [redacted] stepped out of the vehicle, faced the officers and held his phone in his hand in front of him. Both officers ordered [redacted] to step back inside his vehicle. PO Alvarado drew his taser and pointed it at [redacted] (Allegation B: Abuse of Authority). [redacted] stepped back inside his vehicle and PO Mendez closed the door, hitting [redacted] in the leg with it (Allegation C: Force). The officers left after a brief interaction between PO Mendez and [redacted].
At approximately 5:18 a.m. on the same day, [redacted] was walking east on [redacted] in Queens, when he saw PO Mendez and PO Alvarado driving by in their police vehicle. [redacted] stated that he saw PO Mendez laughing at him. [redacted] lifted his middle finger at the two officers. [redacted] stated that PO Mendez then used the PA system of his vehicle to say to him, "Fuck you, buddy," (Allegation D: Discourtesy). Read report for details.


Details

Incident: July 30, 2019
Closed: March 26, 2020

Reason for contact: Moving violation
Location: Street/highway
In NYPD 114th Precinct Queens
Outcome: Moving violation summons issued

Body-Worn Camera evidence collected
Video evidence collected