Complaint #202003552,
May 21, 2020

Officer: Bernard, Eric
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Bernard, Eric
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Bernard, Eric
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Walter, Eloise
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Bernard, Eric
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Bernard, Eric
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Bernard, Eric
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Iobbi, Joseph
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Iobbi, Joseph
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Walter, Eloise
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Walter, Eloise
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Bernard, Eric
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Walter, Eloise
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Bernard, Eric
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Chin, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Chin, Christopher
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Bernard, Eric Hispanic Male, 25-29 Discourtesy: Word Unsubstantiated
Bernard, Eric Hispanic Male, 25-29 Abuse of Authority: Stop Substantiated (Command Discipline A)
Bernard, Eric Hispanic Male, 25-29 Abuse of Authority: Threat of arrest Unsubstantiated
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Stop Substantiated (Command Discipline A)
Walter, Eloise Hispanic Male, 25-29 Abuse of Authority: Stop Substantiated (Command Discipline A)
Bernard, Eric Untruthful Statement: Misleading official statement Substantiated (Charges)
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Stop Unsubstantiated
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Frisk Unsubstantiated
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Search (of person) Unsubstantiated
Bernard, Eric Hispanic Male, 25-29 Abuse of Authority: Search of recording device Substantiated (Command Discipline A)
Bernard, Eric Hispanic Male, 25-29 Abuse of Authority: Stop Unsubstantiated
Iobbi, Joseph Hispanic Male, 25-29 Abuse of Authority: Stop Unsubstantiated
Iobbi, Joseph Hispanic Male, 25-29 Abuse of Authority: Search (of person) Unsubstantiated
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Threat of arrest Unsubstantiated
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Walter, Eloise Hispanic Male, 25-29 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Walter, Eloise Hispanic Male, 25-29 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Bernard, Eric Hispanic Male, 25-29 Abuse of Authority: Other Unsubstantiated
Walter, Eloise Hispanic Male, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Bernard, Eric Hispanic Male, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Chin, Christopher Hispanic Male, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Chin, Christopher Untruthful Statement: Misleading official statement Substantiated (Charges)

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

Walter, Eloise
Closed: Charges not served, July 15, 2023
APU Closed: Charges not served

Bernard, Eric
Closed: Charges not served, July 15, 2023
APU Closed: Charges not served

Chin, Christopher
Closed: Charges not served, July 15, 2023
APU Closed: Charges not served

Summary

On May 21st, 2020, at about 2:15 p.m., Police Officers Eric Bernard, Joseph Iobbi, and Christopher Chin, all assigned at the time to the 46th Precinct anti-crime team, allegedly stopped [redacted] [Allegations A – C: Abuse of Authority – Stop, [redacted]] as he spoke with a friend on the grounds of the [redacted] in the Bronx, where [redacted] resides. It is alleged that PO Chin questioned [redacted] about the contents of a black shopping bag he was holding, and then frisked and searched [redacted] pants pockets [Allegation D: Abuse of Authority – Frisk, [redacted] Allegation E: Abuse of Authority - Search of person, [redacted]]. According to [redacted] PO Iobbi then searched the black shopping bag that [redacted] was holding [Allegation F: Abuse of Authority – Search of personal property, [redacted]] and discovered a quantity of marijuana therein. Allegedly, Police Officer Chin threatened to arrest [redacted] both for possession of marijuana and for an outstanding bench warrant, unless he provided information regarding criminal activity in the area [Allegation G: Abuse of Authority - Threat of Arrest, [redacted]]. [redacted] was let go without a summons. Police Officer Chin or Police Officer Bernard called [redacted] minutes after the encounter. [redacted] changed his phone number and remained in his apartment for the next three days to avoid any further interactions with the officers. At about 6:00 p.m. on May 25th, 2020, [redacted] walked out of [redacted]. He saw an unmarked police vehicle -- occupied by PO Bernard and PO Chin, as well as Sgt. Eloise Walter and Police Officer Agon Pukaj, both assigned to the 46th Precinct anti-crime team – outside of the building. [redacted] who did not recognize the police car as such, walked in the opposite direction of the vehicle, toward the rear of [redacted]. Sgt. Walter and Officers Bernard, Chin, and Pukaj, followed [redacted] as he walked along an underpass beneath the building, and stopped him [Allegations H – J: Abuse of Authority - Stop, [redacted]]. PO Chin... Read report for details.


Details

Incident: May 21, 2020
Received: May 26, 2020
Closed: April 21, 2022

Reason for contact: Other
Location: NYCHA
In NYPD 46th Precinct Bronx
Outcome: No arrest made or summons issued

Video evidence collected