Complaint #202102983,
May 8, 2021

Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Question
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Officer(s) Unidentified
Officer: Clarck, Erick
Complainant: Male, 18-20
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer: Joachim, Kingsley
Complainant: Male, 18-20
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Officer(s) Unidentified
Officer: Aquino, Rafael
Complainant: Male, 18-20
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Clarck, Erick
Complainant: Male, 18-20
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Aquino, Rafael
Complainant: Male, 18-20
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Joachim, Kingsley
Complainant: Male, 18-20
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Clarck, Erick
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Clarck, Erick
Complainant: Male, 18-20
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Clarck, Erick
Complainant: Male, 18-20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Male, 18-20 Abuse of Authority: Frisk Officer(s) Unidentified
Unknown Officer Male, 18-20 Abuse of Authority: Search (of person) Officer(s) Unidentified
Unknown Officer Male, 18-20 Abuse of Authority: Question Officer(s) Unidentified
Unknown Officer Abuse of Authority: Stop Officer(s) Unidentified
Clarck, Erick Male, 18-20 Abuse of Authority: Gun Drawn Exonerated
Joachim, Kingsley Male, 18-20 Force: Gun Pointed Substantiated (Charges)
Unknown Officer Male, 18-20 Abuse of Authority: Vehicle search Officer(s) Unidentified
Unknown Officer Male, 18-20 Abuse of Authority: Failure to provide RTKA card Officer(s) Unidentified
Unknown Officer Abuse of Authority: Failure to provide RTKA card Officer(s) Unidentified
Aquino, Rafael Male, 18-20 Force: Gun Pointed Unsubstantiated
Clarck, Erick Male, 18-20 Abuse of Authority: Vehicle stop Exonerated
Aquino, Rafael Male, 18-20 Abuse of Authority: Vehicle stop Exonerated
Joachim, Kingsley Male, 18-20 Abuse of Authority: Vehicle stop Exonerated
Clarck, Erick Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Clarck, Erick Male, 18-20 Abuse of Authority: Interference with recording Exonerated
Clarck, Erick Male, 18-20 Abuse of Authority: Search (of person) Unfounded
Unknown Officer Male, 18-20 Abuse of Authority: Stop Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.
'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

Joachim, Kingsley
Closed: SOL Expired prior to APU, June 27, 2023
APU Closed: SOL Expired prior to APU

Clarck, Erick
No Disciplinary Action-DUP
No penalty

Summary

On an unknown date at an unknown time prior to May 8th, 2021, [redacted] was the driver and sole occupant of his vehicle parked at the front entrance of the [redacted] at [redacted] in Manhattan. [redacted]s vehicle was turned off. An unidentified officer stopped [redacted] while [redacted] sat in his parked vehicle, and asked him, "What you got on you?" (Allegation A, Allegation B: Abuse of Authority, [redacted]) An officer requested [redacted] step out of the car and subsequently frisked [redacted] near his waistband and searched his front hoodie pocket (Allegation C, Allegation D: Abuse of Authority, [redacted]). An officer searched [redacted]s car, including the center console and glove compartment (Allegation E: Abuse of Authority, [redacted]) [redacted]s cousin, known only as [redacted] appeared on scene and an officer requested his ID, which [redacted] provided (Allegation F: Abuse of Authority, [redacted]). No officers provided either [redacted] or [redacted] with a business card (Allegation G, Allegation H: Abuse of Authority, [redacted]). On May 8th, 2021, at approximately 7:42 p.m., [redacted] was the sole occupant of his white E300 Mercedes Benz sedan in the parking lot of the [redacted] located at [redacted] in Manhattan. [redacted] waited for his brother, [redacted] to come downstairs and drove around the parking lot. PO Erick Clark, PO Kingsley Joachim, and PO Raphael Aquino, all of PSA 6, conducted a vehicle stop of [redacted] (Allegation I-K, Abuse of Authority, [redacted]). PO Shahzeb Ahmed, PO Shane Bula, PO Percy Quispe, and PO Brian Somar, also of PSA 6, arrived on scene and provided back up. While approaching [redacted]s vehicle, PO Aquino and PO Joachim allegedly pointed their guns at [redacted] (Allegation L: Force, [redacted]). Allegation N: Force, [redacted]. and PO Clarck drew his gun (Allegation M: Abuse of Authority, [redacted]). PO Clarck instructed [redacted] to exit the vehicle and he complied, while holding his cell phone and recording a video. PO Clarck removed the cell phone... Read report for details.


Details

Incident: May 8, 2021
Received: May 17, 2021
Closed: September 7, 2022

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 24th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Shahzeb Ahmed, Shane Bula, Percy Quispe, Brian Somar
Body-Worn Camera evidence collected