Complaint #202105453,
September 12, 2021

Officer: Toribio, Jose
Complainant: Hispanic, 21-24
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Rosario, Fidel
Complainant: Hispanic, 21-24
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Toribio, Jose Hispanic, 21-24 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Rosario, Fidel Hispanic, 21-24 Abuse of Authority: Property damaged Substantiated (Command Discipline B)

Conclusion Meanings:

'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.


Penalty

Rosario, Fidel
No Disciplinary Action-DUP
No penalty

Summary

At about 04:00 a.m. on September 12th, 2021, Lieutenant Fidel Rosario, Police Officer Matthew Peragine, Police Officer Natalie Lamarche, and multiple other officers assigned to the 24th Precinct stopped [redacted] s vehicle at a vehicle safety checkpoint. [redacted] was arrested for refusing to provide his driver's license and operating an unregistered vehicle. Because of Lt. Rosario's actions, [redacted] s cellphone was damaged while in police custody [Allegation A: Abuse of Authority – Property Damaged]. After being released, [redacted] told PO Peragine that he wished to make a complaint about the damage. PO Peragine or PO Lamarche related this to Sgt. Toribio, who advised that a city-involved accident report should be prepared. However, no civilian complaint was generated. [Allegation B: Abuse of Authority – Refusal to Process Civilian Complaint]. [redacted] received a slip of paper with handwritten instructions for making a complaint with the CCRB, but did not feel as though his complaint had been properly addressed. Read report for details.


Details

Incident: September 12, 2021
Closed: November 7, 2022

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 24th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Eugene Choi, Natalie Lamarche, Matthew Peragine
Body-Worn Camera evidence collected
Video evidence collected