Complaint #202102508, February 2021

Incident: February 20, 2021
Received: April 22, 2021
Closed: July 11, 2022


Documents:
Complaint Closing Report
NYPD Plea Agreement (Kenneth Flynn)
APU Quarterly Report summary (Kenneth Flynn)

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 43rd Precinct Bronx
Outcome: No arrest made or summons issued
Officer: Cabrera, Gerson
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Ochoa, Alejandro
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Ochoa, Alejandro
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Cabrera, Gerson
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Cabrera, Gerson
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Flynn, Kenneth
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Flynn, Kenneth
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cabrera, Gerson
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Cabrera, Gerson
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Cabrera, Gerson
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Ochoa, Alejandro
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Ochoa, Alejandro
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Flynn, Kenneth
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Flynn, Kenneth
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Cabrera, Gerson
Complainant: Age 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Ochoa, Alejandro
Complainant: Age 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Flynn, Kenneth
Complainant: Age 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Cabrera, Gerson
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Flynn, Kenneth
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cabrera, Gerson
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Cabrera, Gerson
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Flynn, Kenneth
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Cabrera, Gerson Black Male, 18-20 Abuse of Authority: Vehicle stop Exonerated
Ochoa, Alejandro Black Male, 18-20 Abuse of Authority: Vehicle search Unsubstantiated
Ochoa, Alejandro Abuse of Authority: Frisk Unsubstantiated
Cabrera, Gerson Black Male, 18-20 Abuse of Authority: Frisk Unsubstantiated
Cabrera, Gerson Abuse of Authority: Frisk Unsubstantiated
Flynn, Kenneth Abuse of Authority: Frisk Unsubstantiated
Flynn, Kenneth Abuse of Authority: Threat of summons Substantiated (Command Discipline B)
Cabrera, Gerson Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Cabrera, Gerson Black Male, 18-20 Abuse of Authority: Search (of person) Unsubstantiated
Cabrera, Gerson Black Male, 18-20 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Ochoa, Alejandro Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Ochoa, Alejandro Black Male, 18-20 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Flynn, Kenneth Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Flynn, Kenneth Black Male, 18-20 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Cabrera, Gerson Age 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Ochoa, Alejandro Age 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Flynn, Kenneth Age 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Cabrera, Gerson Abuse of Authority: Search (of person) Unsubstantiated
Flynn, Kenneth Abuse of Authority: Threat to damage/seize property Substantiated (Command Discipline B)
Cabrera, Gerson Black Male, 18-20 Abuse of Authority: Question Unsubstantiated
Cabrera, Gerson Abuse of Authority: Question Unsubstantiated
Flynn, Kenneth Abuse of Authority: Interference with recording Substantiated (Charges)

Penalties

Cabrera, Gerson
No Disciplinary Action-DUP
No penalty

Ochoa, Alejandro
No Disciplinary Action-DUP
No penalty

Flynn, Kenneth
Forfeit vacation 10 days
Closed: Resolved by plea, August 2023
APU Command Discipline B
Forfeit vacation 10 days


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.