Complaint #202200051,
December 30, 2021

Officer: Tineo, Bismal
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Pichardo, Felix
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lucero, Eduard
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Oswald, Stephen
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Tineo, Bismal
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lucero, Eduard
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Lucero, Eduard
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Tineo, Bismal
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Espinal, Yoeldy
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Oswald, Stephen
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Board Conclusion
Tineo, Bismal Hispanic Male, 25-29 Force: Physical force Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Pichardo, Felix Abuse of Authority: Frisk Substantiated (Command Discipline A)
Lucero, Eduard Abuse of Authority: Frisk Substantiated (Command Discipline A)
Oswald, Stephen Abuse of Authority: Frisk Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Tineo, Bismal Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Lucero, Eduard Abuse of Authority: Search (of person) Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Lucero, Eduard Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Tineo, Bismal Hispanic Male, 25-29 Force: Physical force Unfounded
Espinal, Yoeldy Hispanic Male, 25-29 Force: Physical force Unfounded
Oswald, Stephen Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

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.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Pichardo, Felix
Command Discipline - A
Command Discipline - A (Vacation: 1 day)

Lucero, Eduard
Command Discipline - B
Command Discipline - B (Vacation: 2 days)

Oswald, Stephen
Command Discipline - A
Command Discipline - A (Vacation: 1 day)

Tineo, Bismal
Command Discipline - A
Command Discipline - A (Vacation: 1 day)

Details

Incident: December 30, 2021
Received: January 3, 2022
Closed: February 15, 2023

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected
Video evidence collected