Complaint #202102508,
February 20, 2021

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)

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.
'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

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 22, 2023
APU Command Discipline B
Forfeit vacation 10 days

Summary

On February 20, 2021, at approximately 1:02 a.m., at 905 White Plains Road in the Bronx, Police Officer Alejandro Ochoa, Police Officer Kenneth Flynn, and Sergeant Gerson Cabrera of the 43rd Precinct stopped the vehicle in which [redacted] CV1, CV2, and CV3 were occupants (Allegation A: Abuse of Authority, [redacted]) Sgt. Cabrera questioned [redacted] CV1, CV2, and CV3 (Allegations B and C: Abuse of Authority, [redacted]) Sgt. Cabrera frisked and searched CV1 (Allegations D and E: Abuse of Authority, [redacted]) (Allegations F and G: Abuse of Authority, [redacted]) PO Ochoa frisked CV2 (Allegations H: Abuse of Authority, [redacted]) PO Flynn frisked CV3 (Allegation I: Abuse of Authority, [redacted]) PO Ochoa searched the vehicle in which [redacted] CV1, CV2, and CV3 were occupants (Allegation J: Abuse of Authority, [redacted]) PO Flynn threatened to seize CV1's property, issue him a summons, and interfered with his recording device (Allegations K-M: Abuse of Authority, [redacted]) [redacted] PO Ochoa, Sgt. Cabrera, and PO Flynn failed to provide their business cards to [redacted] CV1, CV2, and CV3 (Allegations N-V: Abuse of Authority, [redacted]) [redacted] Read report for details.


Details

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

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

Body-Worn Camera evidence collected
Video evidence collected