Complaint #202002692,
April 13, 2020

Officer: Espinal, Edwin
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Nicoll, Kevin
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Nicoll, Kevin
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Nicoll, Kevin
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Diaz, John
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Diaz, John
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Boudouris, Michael
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Boudouris, Michael
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Espinal, Edwin Black Male, 25-29 Abuse of Authority: Vehicle search Unsubstantiated
Nicoll, Kevin Black Male, 25-29 Abuse of Authority: Search (of person) Unsubstantiated
Nicoll, Kevin Black Male, 25-29 Abuse of Authority: Frisk Unsubstantiated
Nicoll, Kevin Black Male, 25-29 Abuse of Authority: Property damaged Unsubstantiated
Diaz, John Black Male, 25-29 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Diaz, John Black Male, 25-29 Abuse of Authority: Threat of arrest Unsubstantiated
Boudouris, Michael Black Male, 25-29 Abuse of Authority: Frisk Unsubstantiated
Boudouris, Michael Black Male, 25-29 Abuse of Authority: Refusal to provide shield number Unfounded
CCRB Investigator Recommendation: Exonerated

Conclusion Meanings:

'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.


Summary

On April 13, 2020, at approximately 6:30 p.m., [redacted] parked his vehicle in a bus lane, at 160th Street and Jamaica Avenue in Queens, to pick up food at a Chipotle Restaurant. After [redacted] returned to the vehicle, PO Nicoll and PO Boudouris of the 103rd Precinct anti-crime unit approached his vehicle. [redacted] stepped out of the vehicle. PO Nicoll and PO Boudouris frisked and searched [redacted] person (Allegation A: Abuse of Authority - Frisk, [redacted]) (Allegation B: Abuse of Authority – Search, [redacted]) (Allegation C: Abuse of Authority – Frisk, [redacted]). Sgt. Edwin Espinal, PO Christopher Giardina and PO James Holder, also from the 103rd Precinct anti-crime unit, responded to back up PO Nicoll and PO Boudouris. The officers had [redacted] stand by the trunk of his vehicle. As he stood at the back of his vehicle, [redacted] asked PO Boudouris for his shield number. PO Boudouris told [redacted] that he could see it on his shield, but PO Boudouris allegedly had his shield flipped so that [redacted] could not read it (Allegation D: Abuse of Authority - Refusal to provide shield number, [redacted]). Right after, PO Nicoll, PO Giardina and PO Holder searched [redacted] vehicle, including the trunk (Allegation E: Abuse of Authority – Vehicle Search, [redacted]).
At the end, the officers issued two summonses to [redacted]. One summons was issued for [redacted] and the other for [redacted] (Board Reviews 01 and 02).
After the officers left the scene, [redacted] noticed that the lock of the glove compartment was broken (Allegation F: Abuse of Authority – Property Damage, [redacted]).
Also on April 13, 2020, at approximately 8:15 p.m., [redacted] went to the 103rd Precinct stationhouse to file a complaint against the officers. While standing outside of the 103rd Precinct stationhouse and speaking with 311, Lieutenant John Diaz, the ICO of the 103rd Precinct, approached [redacted] and asked him to move from the middle of the street. [redacted] said "no" and Lieutenant Diaz repeated that he needed to... Read report for details.


Details

Incident: April 13, 2020
Closed: March 22, 2022

Reason for contact: Parking violation
Location: Street/highway
In NYPD 103rd Precinct Queens
Outcome: Other VTL violation summons issued

Witness Officers: Justin Caliguri, Christopher Giardina, James Holder
Body-Worn Camera evidence collected
Video evidence collected