Complaint #202204599,
July 13, 2022

Officer: Bowman, Michael
Complainant: Hispanic Male, 30-34
Allegation: Offensive Language: Gender
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Recategorized as: Offensive Language: Other
Officer: Bowman, Michael
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Eller, John
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Eller, John
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Eller, John
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Threat of arrest
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Bowman, Michael
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Eller, John
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Lucero, Eduard
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Recategorized as: Abuse of Authority: Other
Officer Complainant Allegation CCRB Board Conclusion
Bowman, Michael Hispanic Male, 30-34 Offensive Language: Gender Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Bowman, Michael Hispanic Male, 30-34 Discourtesy: Word Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Eller, John Hispanic Male, 30-34 Abuse of Authority: Vehicle stop Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Eller, John Hispanic Male, 30-34 Discourtesy: Word Substantiated (Command Discipline A)
Eller, John Hispanic Male, 30-34 Abuse of Authority: Threat of arrest Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Bowman, Michael Hispanic Male, 30-34 Abuse of Authority: Vehicle stop Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Eller, John Hispanic Male, 30-34 Abuse of Authority: Threat of summons Substantiated (Command Discipline B)
Lucero, Eduard Hispanic Male, 30-34 Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal) Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Recategorized as Abuse of Authority: Other

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.
'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.


Penalty

Eller, John
Forfeit vacation 5 days
Closed: Resolved by plea, June 5, 2024
APU Command Discipline A
Forfeit vacation 5 days / Command Discipline A

Summary

On July 13, 2022, at approximately 7:20 P.M., in the vicinity of 687 East 138th Street, in the Bronx, Police Officer John Eller and Lieutenant Michael Bowman stopped the vehicle in which [redacted] was an occupant (Allegation A and B: Abuse of Authority: [redacted]). PO Eller threatened to arrest [redacted] (Allegation C: Abuse of Authority: [redacted]). Police Officer Eduard Lucero made a sexually suggestive remark to [redacted] (Allegation D: Abuse of Authority: [redacted]). Lieutenant Michael Bowman made offensive remarks to [redacted] (Allegation E: Offensive Language: [redacted]) and spoke discourteously to him (Allegation F: Discourtesy: [redacted]). PO Eller then spoke discourteously to [redacted] (Allegation G: Discourtesy: [redacted]) and threatened to issue him a summons (Allegation H: Abuse of Authority: [redacted]). [redacted] Read report for details.


Details

Incident: July 13, 2022
Received: July 14, 2022
Closed: November 22, 2023
Last Updated: December 11, 2024

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected