Complaint #202205410,
August 13, 2022

Officer: Wacha, Samantha
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unable to Determine
Officer: Ruppert, Mark
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unable to Determine
Officer: Ruppert, Mark
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Within NYPD Guidelines
Officer: Unknown Officer
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Marquez, Marvin
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unable to Determine
Officer: Unknown Officer
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Officer(s) Unidentified
Officer: Velsor, Robert
Complainant: Black, 25-29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Within NYPD Guidelines
Officer: Rivera, Derek
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Within NYPD Guidelines
Officer: Velsor, Robert
Complainant: Hispanic, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Conclusion
Wacha, Samantha Hispanic, 30-34 Abuse of Authority: Refusal to process civilian complaint Unable to Determine
Ruppert, Mark Hispanic, 30-34 Abuse of Authority: Refusal to process civilian complaint Unable to Determine
Ruppert, Mark Hispanic, 30-34 Abuse of Authority: Stop Within NYPD Guidelines
Unknown Officer Hispanic, 30-34 Abuse of Authority: Property damaged Officer(s) Unidentified
Marquez, Marvin Hispanic, 30-34 Abuse of Authority: Refusal to obtain medical treatment Unable to Determine
Unknown Officer Hispanic, 30-34 Abuse of Authority: Stop Officer(s) Unidentified
Unknown Officer Hispanic, 30-34 Abuse of Authority: Frisk Officer(s) Unidentified
Velsor, Robert Black, 25-29 Abuse of Authority: Vehicle search Within NYPD Guidelines
Rivera, Derek Hispanic, 30-34 Abuse of Authority: Vehicle search Within NYPD Guidelines
Velsor, Robert Hispanic, 30-34 Abuse of Authority: Vehicle search Within NYPD Guidelines

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

On August 13, 2022, at approximately 10:45 p.m., [redacted] was walking on 10th Avenue in the vicinity of Sherman Creek Park in Manhattan when he was allegedly stopped and frisked by unidentified officers (Allegations A-B: Abuse of Authority, officer(s) unidentified). At approximately 11:10 p.m., [redacted]'s girlfriend, [redacted] was seated alone inside [redacted]'s double-parked vehicle at 3754 10th Avenue. Numerous officers were on scene investigating a fatal shooting which had occurred shortly beforehand and approximately one block away from the parked vehicle. PO Robert Velsor of the 34th Precinct approached the vehicle and reached inside to retrieve a pepper spray canister that [redacted] was sitting atop (Allegation C: Abuse of Authority, within NYPD guidelines). [redacted] approached the scene and Sgt. Ruppert stopped him (Allegation D: Abuse of Authority, within NYPD guidelines). The officers transported [redacted] and their vehicle to the 34th Precinct stationhouse. At approximately 11:40 p.m., at the 34th Precinct stationhouse, PO Marvin Marquez allegedly refused to obtain medical attention for [redacted] (Allegation E: Abuse of Authority, unable to determine). PO Velsor and PO Derek Rivera searched [redacted]'s vehicle (Allegation F-G: Abuse of Authority, within NYPD guidelines). [redacted] allegedly damaged items inside of the vehicle (Allegation H: Abuse of Authority, officer(s) unidentified). After he was released from the stationhouse, at approximately 5 a.m. on August 14, 2023, [redacted] went to the front desk and requested to file a complaint. PO Samantha Wacha and Sgt. Ruppert allegedly did not let him file a complaint (Allegations I-J: Abuse of Authority, unable to determine). [redacted] was issued two criminal summonses [redacted], and [redacted] was issued a summons [redacted].
IAB Group 10 conducted a concurrent investigation of this incident, and a request for their investigative case file is pending. Read report for details.


Details

Incident: August 13, 2022
Received: August 16, 2022
Closed: November 22, 2023

Reason for contact: Report-gun possession/shots fired
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Alberto Alicea, Daniel Kim, Julie Ng, Anthony Stabile, Erik Tanquina, Stephen Tomaszewski, Juliana Torsiello, Lenny Velazquez, Amanda Wolfe, Dennis Wu
Body-Worn Camera evidence collected