Complaint #202204823,
July 22, 2022

Officer: Dietzel, Brian
Complainant: White Male, 18-20
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Dietzel, Brian
Complainant: White Male, 18-20
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Charges)
Officer: Dietzel, Brian
Complainant: White Male, 18-20
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Charges)
Officer: Dietzel, Brian
Complainant: White Male, 18-20
Allegation: Abuse of Authority: Unlawful Summons
CCRB Conclusion: Substantiated (Charges)
Officer: Dietzel, Brian
Complainant: White Male, 18-20
Allegation: Abuse of Authority: Unlawful Summons
CCRB Conclusion: Substantiated (Charges)
Officer: Dietzel, Brian
Complainant: White Male, 18-20
Allegation: Abuse of Authority: False official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Dietzel, Brian White Male, 18-20 Discourtesy: Word Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Dietzel, Brian White Male, 18-20 Abuse of Authority: Retaliatory summons Substantiated (Charges)
Dietzel, Brian White Male, 18-20 Abuse of Authority: Retaliatory summons Substantiated (Charges)
Dietzel, Brian White Male, 18-20 Abuse of Authority: Unlawful Summons Substantiated (Charges)
Dietzel, Brian White Male, 18-20 Abuse of Authority: Unlawful Summons Substantiated (Charges)
Dietzel, Brian White Male, 18-20 Abuse of Authority: False official statement Substantiated (Charges)

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.

Further details on conclusions.


Penalty

Dietzel, Brian
Forfeit vacation 20 days
Closed: Resolved by plea, August 9, 2024
APU Guilty
Forfeit vacation 20 days

Summary

At approximately 1:10 p.m. on July 22, 2022, [redacted] was driving along Union Turnpike in Queens with his fiancé in the passenger seat and his two brothers in the rear when he observed a marked SUV, operated by Police Officer Brian Dietzel of the 107th Precinct, proceed through a red light without activating its lights or sirens. [redacted] waited at the traffic signal, proceeding through it once it turned green, pulling up to a stop parallel to the police vehicle such that [redacted] car was on the right side. [redacted] told PO Dietzel and Police Officer Catherine Hernandez, who was sitting on the passenger seat, that they just illegally ran a red light, at which time PO Dietzel allegedly told [redacted] "I don't give a shit. Matter of fact, pull over" (Allegation A: Discourtesy, [redacted]). [redacted] pulled over near the intersection of Union Turnpike and 173rd Avenue. When [redacted] asked the reason for the stop, PO Dietzel told him that he was not wearing a seatbelt. [redacted] provided his ID, registration for his rental vehicle, and a PBA courtesy card which PO Dietzel immediately gave back to [redacted] indicating he did not want it. PO Dietzel prepared five New York State Vehicle and Traffic Law summonses – one valid for driving without a seatbelt, three retaliatory for horn used in absence of danger, dirty or covered license plate, and failure to signal lane change, as well as a retaliatory and unlawful summons for rear passengers without a seatbelt - gave [redacted] the summonses and his documents, requested and then kept [redacted] PBA card, told [redacted] to have a good day, turned around, and started walking towards the police vehicle (Allegation B: Abuse of Authority, [redacted] Allegation C: Abuse of Authority, [redacted]). As PO Dietzel was walking away, [redacted] allegedly asked PO Dietzel, "Officer, why are you being such a dick?" PO Dietzel and PO Hernandez both rushed to [redacted] driver-side window, asking him for his ID. [redacted] provided his ID, and PO Dietzel issued him a... Read report for details.


Details

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

Reason for contact: Moving violation
Location: Street/highway
In NYPD 107th Precinct Queens
Outcome: Moving violation summons issued

Witness Officers: Catherine Hernandez
Body-Worn Camera evidence collected