Complaint #202200624,
January 22, 2022

Officer: Martinez, Julio
Complainant: Male, 21-24
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Martinez, Julio
Complainant: Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Modesto, Fabian
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Cardieri, Nicholas
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Modesto, Fabian
Complainant: Black Male, 21-24
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Charges)
Officer: Modesto, Fabian
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Modesto, Fabian
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Within NYPD Guidelines
Officer: Martinez, Julio
Complainant: Male, 21-24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Modesto, Fabian
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Cox, Robert
Complainant: Male, 21-24
Allegation: Abuse of Authority: Unlawful Arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Cox, Robert
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Unlawful Arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Martinez, Julio
Complainant: Male, 21-24
Allegation: Abuse of Authority: Sexual Miscon (Inappropriate Touching)
CCRB Conclusion: Unable to Determine
Recategorized as: Abuse of Authority: Other
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Martinez, Julio
Complainant: Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unable to Determine
Officer Complainant Allegation CCRB Conclusion
Martinez, Julio Male, 21-24 Force: Gun Pointed Unfounded
Martinez, Julio Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Modesto, Fabian Black Male, 21-24 Force: Physical force Within NYPD Guidelines
Cardieri, Nicholas Black Male, 21-24 Discourtesy: Word Substantiated (Command Discipline A)
Modesto, Fabian Black Male, 21-24 Offensive Language: Race Substantiated (Charges)
Modesto, Fabian Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Modesto, Fabian Black Male, 21-24 Discourtesy: Word Within NYPD Guidelines
Martinez, Julio Male, 21-24 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Modesto, Fabian Black Male, 21-24 Discourtesy: Word Substantiated (Command Discipline A)
Cox, Robert Male, 21-24 Abuse of Authority: Unlawful Arrest Substantiated (Charges)
Cox, Robert Black Female, 21-24 Abuse of Authority: Unlawful Arrest Substantiated (Charges)
Martinez, Julio Male, 21-24 Abuse of Authority: Sexual Miscon (Inappropriate Touching) Unable to Determine
Recategorized as Abuse of Authority: Other on August 5, 2023
Unknown Officer Black Male, 21-24 Discourtesy: Word Unfounded
Unknown Officer Male, 21-24 Discourtesy: Word Unfounded
Martinez, Julio Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Unable to Determine

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

Cox, Robert
Formalized Training
Closed: Resolved by plea, September 29, 2025
APU Dismissed
Formalized Training

Modesto, Fabian
Closed: Previously adjudicated, with discipline, July 27, 2023
APU Closed: Previously adjudicated, with discipline
Command Discipline B

Martinez, Julio
Forfeit vacation 3 days
Closed: Resolved by plea, May 5, 2025
APU Dismissed
Forfeit vacation 3 days / Command Discipline A

Cardieri, Nicholas
No Disciplinary Action-DUP
No penalty

Summary

On January 22, 2022, at approximately 11:00 PM, [redacted] were inside [redacted] white BMW when [redacted] crashed his vehicle at Remsen Avenue and Clarkson Avenue in Brooklyn. Detective Fabian Modesto, Detective Julio Martinez, and Sergeant Robert Cox, all of the 67th Precinct, arrived at the scene and saw [redacted] running from the scene of the accident. [redacted] exited the vehicle and walked to the sidewalk.
Det. Modesto pursued and caught [redacted]. Det. Modesto threatened to tase him (Allegation A – Abuse of Authority - Substantiated). Det. Modesto spoke discourteously to [redacted] (Allegation B – Discourtesy – Within NYPD Guidelines). Det. Modesto punched [redacted] in the back (Allegation C – Force – Within NYPD Guidelines). Det. Modesto used a racial slur towards [redacted] (Allegation D – Offensive Language – Substantiated, and Allegation E – Discourtesy – Substantiated). Approximately thirty additional officers from the 67th Precinct arrived at the scene, including Police Officer Nicholas Cardieri, and Police Officer Nicholas Toner. Additional officers assisted Det. Modesto with handcuffing [redacted] and PO Cardieri escorted [redacted] to a police vehicle. PO Cardieri spoke discourteously towards [redacted] (Allegation F – Discourtesy – Substantiated). Simultaneously upon arriving to the scene, Det. Martinez pursued [redacted]. Det. Martinez allegedly pointed his gun at [redacted] (Allegation G – Force - Unfounded). Det. Martinez allegedly threatened to shoot [redacted] (Allegation H – Abuse of Authority – Unable to Determine). Det. Martinez threatened to tase [redacted] (Allegation I – Abuse of Authority - Substantiated). Det. Martinez caught, handcuffed, and escorted [redacted] to a police vehicle. Det. Martinez allegedly inappropriately touched [redacted] prior to placing him into the police vehicle (Allegation J – Abuse of Authority - Unable to Determine). Additionally, upon arriving to the scene, Sgt. Cox approached and handcuffed [redacted] were all arrested. Sgt. Cox supervised the... Read report for details.


Details

Incident: January 22, 2022
Received: February 1, 2022
Closed: May 3, 2023
Last Updated: October 1, 2025

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Michael Bravo, Melvin Carpio, Gaby Celiba, Vanessa Dambrosi, Larry Feng, Mingwei Gao, Ihab Ginem, Jose Gomez, Hugo Gutierrez, Jesse Hard, Nicholas Harripersad, Haroonul Hassan, Kevin Herrera, Saidul Islam, Fei Lin, Forhad Mahamud, Macaulay Maldarelli, Alan Myrthil, Bryce Perdomo, Jessica Quiros, Ronel Ruiz, Jose Salazar, Eudy Santos, Jonathan Sorocki, Latavia Steele, Steven Tejeda, Nicholas Toner, Delaney Warner, Ihor Zaverukha
Body-Worn Camera evidence collected