Complaint #202102541,
April 26, 2021

Officer: Moncion, Christina
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Moncion, Christina
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Moncion, Christina
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Rivera, Edgar
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Moncion, Christina Hispanic Male, 25-29 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Moncion, Christina Hispanic Male, 25-29 Abuse of Authority: Vehicle stop Exonerated
Rivera, Edgar Hispanic Male, 25-29 Abuse of Authority: Vehicle stop Exonerated
Rivera, Edgar Hispanic Male, 25-29 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Rivera, Edgar Hispanic Male, 25-29 Abuse of Authority: Interference with recording Exonerated
Rivera, Edgar Hispanic Male, 25-29 Abuse of Authority: Refusal to provide name Unfounded
Rivera, Edgar Hispanic Male, 25-29 Abuse of Authority: Refusal to provide shield number Unfounded
Moncion, Christina Hispanic Male, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Rivera, Edgar Hispanic Male, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Rivera, Edgar Hispanic Male, 25-29 Discourtesy: Word Substantiated (Command Discipline B)
Rivera, Edgar Hispanic Male, 25-29 Abuse of Authority: Threat of arrest Exonerated
Rivera, Edgar Hispanic Male, 25-29 Force: Physical force Exonerated

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Moncion, Christina
Forfeit vacation 3 days
Closed: Resolved by plea, October 16, 2023
APU Command Discipline A
Forfeit vacation 3 days / Command Discipline A

Rivera, Edgar
Forfeit vacation 8 days
Closed: Resolved by plea, October 16, 2023
APU Command Discipline B
Forfeit vacation 8 days / Command Discipline B

Summary

On April 26, 2021, at approximately 3:00 a.m., Police Officers Christina Moncion and Edgar Rivera, of the 52nd Precinct, stopped [redacted] vehicle in the vicinity of Marble Hill Avenue and West 230th Street in the Bronx (Allegations A and B: Abuse of Authority-Stop, [redacted]). Upon initiation of the stop, PO Moncion asked [redacted] to step out of the vehicle. PO Rivera conducted a frisk of [redacted] person and told him to step to the rear of the vehicle (Allegation C: Abuse of Authority-Frisk, [redacted]). [redacted] had his phone in his hand to record the incident and PO Rivera allegedly told him that he could not record (Allegation D: Abuse of Authority-Interference with recording device, [redacted]). [redacted] attempted to move his body and PO Rivera allegedly squeezed his left forearm to keep him from moving (Allegation E: Force-Physical Force, [redacted]). [redacted] asked for PO Rivera's name and shield number, to which PO Rivera allegedly responded, "no" (Allegation F: Abuse of Authority-Refusal to provide name, [redacted]) (Allegation G: Abuse of Authority-Refusal to provide shield number, [redacted]).
PO Moncion searched [redacted] vehicle (Allegation H: Abuse of Authority-Vehicle Search, [redacted]). While PO Moncion searched the vehicle and at multiple other points in the incident, PO Rivera made statements using profanity, including calling [redacted] an "asshole", and accusing him of talking "shit" (Allegation I: Discourtesy-Word, [redacted]). PO Moncion did not recover anything from the vehicle search. When [redacted] returned to his vehicle, PO Rivera told him that if he tried to be "funny" and call 911 about someone having a gun in their vehicle, he would be arrested (Allegation J: Abuse of Authority-Threat of Arrest, [redacted]). Neither PO Rivera nor PO Moncion provided [redacted] with business cards at the conclusion of this incident (Allegation K: Abuse of Authority-Failure to provide RTKA cards, [redacted]). Read report for details.


Details

Incident: April 26, 2021
Closed: August 3, 2022

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 50th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Matthew Cutri, Christopher Knitter, Jonathan Manzueta, Mildred Restrepo, Jeremy Sanchez
Body-Worn Camera evidence collected