Complaint #202207278,
October 26, 2022

Officer: Roman, Benjamin
Complainant: Dominican Male, 15-17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Within NYPD Guidelines
Officer: Perez, Jonathan
Complainant: Dominican Male, 15-17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Within NYPD Guidelines
Officer: Perez, Jonathan
Complainant: Dominican Male, 15-17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Within NYPD Guidelines
Officer: Perez, Jonathan
Complainant: Dominican Male, 15-17
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Roman, Benjamin
Complainant: Dominican Male, 15-17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unable to Determine
Officer: Perez, Jonathan
Complainant: Dominican Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Roman, Benjamin
Complainant: Dominican Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Roman, Benjamin
Complainant: Male, 15-17
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Garcia, Vladimir
Complainant: Male, 15-17
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Unable to Determine
Officer Complainant Allegation CCRB Conclusion
Roman, Benjamin Dominican Male, 15-17 Abuse of Authority: Stop Within NYPD Guidelines
Perez, Jonathan Dominican Male, 15-17 Abuse of Authority: Stop Within NYPD Guidelines
Perez, Jonathan Dominican Male, 15-17 Abuse of Authority: Frisk Within NYPD Guidelines
Perez, Jonathan Dominican Male, 15-17 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Roman, Benjamin Dominican Male, 15-17 Abuse of Authority: Frisk Unable to Determine
Perez, Jonathan Dominican Male, 15-17 Force: Physical force Unable to Determine
Roman, Benjamin Dominican Male, 15-17 Force: Physical force Unable to Determine
Roman, Benjamin Male, 15-17 Abuse of Authority: Improper use of body-worn camera Substantiated (Command Discipline A)
Garcia, Vladimir Male, 15-17 Abuse of Authority: Improper use of body-worn camera 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.
'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

Perez, Jonathan
No Disciplinary Action-DUP
No penalty

Roman, Benjamin
No Disciplinary Action-DUP
No penalty

Summary

On October 26, 2023, at approximately 4 p.m., Detective Jonathan Perez, of the 33rd Precinct Detective Squad, and Police Officer Benjamin Roman, of the 33rd Precinct, stopped [redacted] in front of 2036 Amsterdam Avenue, in Manhattan, by allegedly pushing him against a parked vehicle, without activating BWC (Allegation A: Abuse of Authority-Improper use of body-worn camera, substantiated) (Allegations B and C: Force-Physical Force, unable to determine) (Allegations D and E: Abuse of Authority-Stop, within NYPD guidelines). Det. Perez and PO Roman allegedly frisked [redacted] (Allegation F: Abuse of Authority-Frisk, within NYPD guidelines) (Allegation G: Abuse of Authority-Frisk, unable to determine).
[redacted] Is two friends, [redacted] and [redacted] as well as Lieutenant Christopher Doty, of the 33rd Precinct Detective Squad, and Lieutenant Vladimir Garcia, of the 33rd Precinct, were also present for the stop. Lieutenant Garcia did not activate his BWC during this incident (Allegation H: Abuse of Authority-Improper use of body-worn camera, unable to determine).
Det. Perez did not provide [redacted] with a business card prior to concluding his involvement in the encounter (Allegation I: Abuse of Authority-Failure to provide RTKA card, substantiated).
The complainant, [redacted] was not present for this incident. Read report for details.


Details

Incident: October 26, 2022
Received: October 27, 2022
Closed: February 8, 2024
Last Updated: June 1, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 33rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Christopher Doty
Video evidence collected