Complaint #202100465,
January 21, 2021

Officer: Weber, Damian
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Weber, Damian
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Weber, Damian
Complainant: Black Female, 40-44
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Rodriguez, Geraldo
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Martinez, Tania
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Martinez, Tania
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Martinez, Tania
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unfounded
Officer: Rodriguez, Geraldo
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Rodriguez, Geraldo
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unfounded
Officer: Weber, Damian
Complainant: Black Female, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Weber, Damian Black Female, 40-44 Abuse of Authority: Gun Drawn Substantiated (Command Discipline B)
Weber, Damian Black Female, 40-44 Abuse of Authority: Stop Substantiated (Command Discipline A)
Weber, Damian Black Female, 40-44 Force: Gun Pointed Unfounded
Rodriguez, Geraldo Black Female, 40-44 Abuse of Authority: Refusal to provide name Unfounded
Martinez, Tania Black Female, 40-44 Abuse of Authority: Refusal to provide name Unfounded
Martinez, Tania Black Female, 40-44 Abuse of Authority: Refusal to provide shield number Unfounded
Martinez, Tania Black Female, 40-44 Abuse of Authority: Failure to provide RTKA card Unfounded
Rodriguez, Geraldo Black Female, 40-44 Abuse of Authority: Refusal to provide shield number Unfounded
Rodriguez, Geraldo Black Female, 40-44 Abuse of Authority: Failure to provide RTKA card Unfounded
Weber, Damian Black Female, 40-44 Force: Physical force Unfounded

Conclusion Meanings:

'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.

Further details on conclusions.


Penalty

Weber, Damian
Closed: Guilty after trial-PC Approved, March 20, 2024
APU Guilty
Forfeit vacation 10 days

Summary

On January 21, 2021, at approximately 4:40 PM, [redacted] exited her parked vehicle in front of 28 West 125th Street in Manhattan when Police Officer Damian Weber, of the 28th Precinct, stopped her, drew his gun, and pointed it at her (Allegation A: Abuse of Authority - [redacted] Allegation B: Abuse of Authority - [redacted] and Allegation C: Force - [redacted]). PO Weber pushed [redacted] (Allegation D: Force - [redacted]). Police Officer Geraldo Rodriguez and Police Officer Tania Martinez, both of the 28th Precinct, refused to provide their names, shield numbers, or business cards upon request (Allegations E-J: Abuse of Authority - [redacted]). [redacted] was not arrested, nor did she receive a summons as a result of this incident. Read report for details.


Details

Incident: January 21, 2021
Closed: May 18, 2022
Last Updated: October 2, 2025

Location: Other
In NYPD 28th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Marcelo Espinoza
Body-Worn Camera evidence collected