Complaint #201907695,
August 28, 2019

Officer: Tuma, Garry
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Tuma, Garry
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Torres, Steven
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Aliffi, Frank
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mestre, Gina
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Aliffi, Frank
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Lindquist, James
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Tuma, Garry
Complainant: Male, 25-29
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Torres, Steven
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Aliffi, Frank
Complainant: Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Torres, Steven
Complainant: Male, 25-29
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Tuma, Garry
Complainant: Black Male, 45-49
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Tuma, Garry
Complainant: Female, 35-39
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Torres, Steven
Complainant: Female, 35-39
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Torres, Steven
Complainant: Black Male, 45-49
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Tuma, Garry Black Male, 45-49 Abuse of Authority: Vehicle search Exonerated
Tuma, Garry Black Male, 45-49 Abuse of Authority: Threat of arrest Exonerated
Torres, Steven Black Male, 45-49 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Aliffi, Frank Black Male, 45-49 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Mestre, Gina Black Male, 45-49 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Aliffi, Frank Black Male, 45-49 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Lindquist, James Black Male, 45-49 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Tuma, Garry Male, 25-29 Force: Gun Pointed Unfounded
Torres, Steven Black Male, 45-49 Abuse of Authority: Search (of person) Unsubstantiated
Aliffi, Frank Male, 25-29 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Torres, Steven Male, 25-29 Force: Gun Pointed Unfounded
Tuma, Garry Black Male, 45-49 Force: Gun Pointed Unfounded
Tuma, Garry Female, 35-39 Force: Gun Pointed Unfounded
Torres, Steven Female, 35-39 Force: Gun Pointed Unfounded
Torres, Steven Black Male, 45-49 Force: Gun Pointed Unfounded

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.
'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.


Penalties

Aliffi, Frank
Command Discipline - A

Lindquist, James
Command Discipline - A

Mestre, Gina
Command Discipline - A

Torres, Steven
Command Discipline - A

Summary

On August 28, 2019, at approximately 12:03 a.m., in the vicinity of Risse Street and Jerome Avenue in the Bronx, [redacted] was driving his vehicle with [redacted] and [redacted] sitting in the back when they were pulled over by PO Garry Tuma and PO Steven Torres, of the 52nd Precinct. PO Tuma and PO Torres approached the vehicle and allegedly drew their guns and pointed them at the vehicle (Allegations A, B, C, D, E, and F: Force - Gun pointed, [redacted] PO Tuma asked [redacted] for his driver's license and registration and after [redacted] refused multiple requests, PO Tuma told [redacted] he could go to jail (Allegation G: Abuse of Authority - Threat of Arrest, [redacted] At this point, [redacted] began having a seizure. PO Tuma and PO Torres called for backup and an ambulance. PO Tuma opened the back door of [redacted] s vehicle and leaned in to check on [redacted] (Allegation H: Abuse of Authority – Vehicle search, [redacted]
While they were waiting for an ambulance to arrive, Sgt. Frank Aliffi, PO Gina Mestre, PO James Lindquist, PO Christopher Montera, and PO Edgar Rivera of the 52nd Precinct arrived on scene. The ambulance arrived and Sgt. Aliffi instructed PO Tuma to search [redacted] s bag before he entered the ambulance (Allegation I: Abuse of Authority – Search (of person), [redacted] and [redacted] exited the vehicle and went to the ambulance. PO Mestre approached [redacted] s passenger window and asked [redacted] to step out of the vehicle. PO Mestre reached into [redacted] s vehicle and picked up an expired MTA bus operator placard from the passenger seat (Allegation J: Abuse of Authority – Vehicle search, [redacted] refused to exit the vehicle and Sgt. Aliffi said, "We're gonna take you out. There's no debating. Come out of the car or we're going to have to pull you out" (Allegation K: Abuse of Authority – Threat of force, [redacted] stepped out of the vehicle and PO Torres frisked him and allegedly searched him (Allegation L: Abuse of Authority – Frisk, [redacted] and Allegation M: Abuse of... Read report for details.


Details

Incident: August 28, 2019
Received: August 29, 2019
Closed: August 30, 2021

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Christopher Montera, Edgar Rivera
Body-Worn Camera evidence collected
Video evidence collected