Complaint #202106664,
October 21, 2021

Officer: Rastetter, Robert
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rastetter, Robert
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Fernandez, Evan
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Schiro, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Schiro, Christopher
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Fernandez, Evan
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Rastetter, Robert Hispanic Male, 25-29 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Rastetter, Robert Hispanic Male, 25-29 Abuse of Authority: Property damaged Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Fernandez, Evan Hispanic Male, 25-29 Abuse of Authority: Refusal to provide name Unfounded
Schiro, Christopher Hispanic Male, 25-29 Abuse of Authority: Refusal to provide name Unfounded
Schiro, Christopher Hispanic Male, 25-29 Abuse of Authority: Refusal to provide shield number Unfounded
Fernandez, Evan Hispanic Male, 25-29 Abuse of Authority: Refusal to provide shield number Unfounded

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalty

Rastetter, Robert
No Disciplinary Action-DUP
No penalty

Summary

On October 21, 2021, at approximately 1:15 p.m., in the vicinity of North 4 Street in Staten Island, PO Evan Fernandez, PO Christopher Schiro, and Sgt. Robert Rastetter, all of the 121st Precinct, detained [redacted] during a vehicle stop after learning that there was an active probable cause I-Card for him. They removed [redacted] and his vehicle to the 121st Precinct stationhouse. While transporting [redacted] to the stationhouse, PO Schiro and PO Fernandez allegedly refused to provide [redacted] with their names or shield numbers (Allegations A-D: Abuse of Authority, unfounded). While [redacted] was in custody, Sgt. Rastetter searched his vehicle (Allegation E: Abuse of Authority, substantiated). Sgt. Rastetter allegedly caused damage to the front middle armrest and console, the glove compartment, and one of the seats (Allegation F: Abuse of Authority, unable to determine). [redacted] Read report for details.


Details

Incident: October 21, 2021
Received: November 2, 2021
Closed: March 17, 2023

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Police building
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected