Complaint #202001913,
November 5, 2019

Officer: Espinal, Edwin
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Espinal, Edwin
Complainant: Asian Male, 21-24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Complainant: Asian Male, 21-24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Nicoll, Kevin
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Espinal, Edwin Discourtesy: Word Unfounded
Espinal, Edwin Asian Male, 21-24 Abuse of Authority: Search (of person) Exonerated
Espinal, Edwin Black Male, 30-34 Abuse of Authority: Search (of person) Exonerated
Espinal, Edwin Black Male, 25-29 Abuse of Authority: Search (of person) Exonerated
Espinal, Edwin Black Male, 30-34 Abuse of Authority: Vehicle search Exonerated
Espinal, Edwin Black Male, 30-34 Abuse of Authority: Frisk Exonerated
Espinal, Edwin Black Male, 25-29 Abuse of Authority: Frisk Exonerated
Espinal, Edwin Asian Male, 21-24 Abuse of Authority: Frisk Exonerated
Espinal, Edwin Abuse of Authority: Frisk Exonerated
Espinal, Edwin Abuse of Authority: Search (of person) Exonerated
Nicoll, Kevin Black Male, 30-34 Force: Physical force 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

At approximately 3:20 p.m., on November 5th, 2019, [redacted] was hanging out in his parked car at [redacted] in Queens with his brother, [redacted] and two of his friends, [redacted] and an unidentified individual. Police Officer James Holder, Police Officer Kevin Nicoll, and Sergeant Edwin Espinal of the 103rd Precinct arrived at the location in an unmarked car and approached [redacted]'s car. Police Officer Nicoll approached the front driver's side and tapped on the window. When [redacted] rolled down the window, Police Officer Nicoll allegedly opened the car door and pulled [redacted] out of his vehicle (Allegation A: Force – Physical Force, [redacted]). Police Officer Nicoll then frisked and searched [redacted] (Allegation B: Abuse of authority – Frisk, [redacted]) (Allegation C: Abuse of authority – Search (of person), [redacted]). At an undetermined point in the incident after [redacted] was frisked and searched, Sergeant Espinal allegedly told the other occupants of the car, "Shut the fuck up, I'm talking" (Allegation D: Discourtesy – Word, [redacted]).
The officers then frisked and searched [redacted], the unidentified passenger, and [redacted] (Allegation E: Abuse of authority - Frisk, [redacted]) (Allegation F: Abuse of authority - Search (of person), [redacted]) (Allegation G: Abuse of authority – Frisk, [redacted]) (Allegation H: Abuse of authority – Search (of person), [redacted]) (Allegation I: Abuse of authority – Frisk, [redacted]) (Allegation J: Abuse of authority – Search (of person), [redacted]) and then searched the front and rear areas of [redacted]'s car (Allegation K: Abuse of authority – Vehicle search, [redacted]). Read report for details.


Details

Incident: November 5, 2019
Received: February 25, 2020
Closed: December 15, 2021

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 103rd Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Christopher Denicker, Edwin Ferreira, Daniel Gasperetti, Brian Heisinger, James Holder
Body-Worn Camera evidence collected
Video evidence collected