Complaint #201909415,
October 26, 2019

Officer: King, Robert
Complainant: Black Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Distelhurst, Andrew
Complainant: Black Male, 22
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Vasquez, Jonathan
Complainant: Black Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Vasquez, Jonathan
Complainant: Black Male, 22
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Vasquez, Jonathan
Complainant: Black Male, 22
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Vasquez, Jonathan
Complainant: Black Male, 22
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: King, Robert
Complainant: Black Male, 22
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Board Conclusion
King, Robert Black Male, 22 Abuse of Authority: Stop Substantiated (Command Discipline A)
Distelhurst, Andrew Black Male, 22 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Vasquez, Jonathan Black Male, 22 Abuse of Authority: Stop Substantiated (Command Discipline A)
Vasquez, Jonathan Black Male, 22 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Vasquez, Jonathan Black Male, 22 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Vasquez, Jonathan Black Male, 22 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
King, Robert Black Male, 22 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

Conclusion Meanings:

'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

Vasquez, Jonathan
Command Discipline - A

King, Robert
Resigned

Summary

On October 26, 2019, at 12:27 a.m., [redacted] exited the back seat of a Lyft taxi in front of his residence at [redacted] in the Bronx. [redacted] wore a small satchel, which contained marijuana, across his body. Sergeant Robert King and Police Officers Austin Hieronymi and Jonathan Vasquez of the 47th Precinct pulled up in an unmarked vehicle behind the taxi and stopped [redacted] as he exited (Allegations A and B: Abuse of Authority- Stop, Substantiated). Police Officer Vasquez asked [redacted] if he had any weapons (within Allegation A), then frisked [redacted] (Allegation C: Abuse of Authority- Frisk, Substantiated), searched his bag (Allegation D: Abuse of Authority- Search of Person, Substantiated), and allegedly searched his jacket pockets and front pants pockets (within Allegation D). Police Officers Andrew Distelhurst and James Stalikas of the 47th Precinct pulled up [redacted] in a second car, and Police Officer Distelhurst approached [redacted] said he was going home, and Police Officer Distelhurst said, "It doesn't matter where you're goin', you could be coming from fuckin' wherever, you're still in the wrong, bro, correct?" (Allegation E: Discourtesy- Word, Substantiated). Neither Police Officer Vasquez nor Sergeant King offered [redacted] their business card (Allegations F and G: Abuse of Authority- Failure to Provide Business Card, Substantiated). The officers released [redacted] without arresting him or issuing him a summons.
[redacted]
Surveillance footage from [redacted] and BWC footage from Sergeant King were obtained for this incident (Board Review #03, #08). They are summarized in IAs #25 and #82, respectively (Board Review #02, #14). Read report for details.


Details

Incident: October 26, 2019
Received: October 29, 2019
Closed: July 21, 2020

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Austin Hieronymi, James Stalikas
Body-Worn Camera evidence collected
Video evidence collected