Complaint #202401245,
November 9, 2023

Officer: Rodriguez, Robert
Complainant: Black Male, 30-34
Allegation: Force: Vehicle
CCRB Conclusion: Unable to Determine
Officer: Rodriguez, Robert
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Retaliatory summons
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unable to Determine
Officer: Rodriguez, Robert
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Board Conclusion
Rodriguez, Robert Black Male, 30-34 Force: Vehicle Unable to Determine
Rodriguez, Robert Black Male, 30-34 Abuse of Authority: Retaliatory summons Unable to Determine
CCRB Investigator Recommendation: Substantiated
Rodriguez, Robert Black Male, 30-34 Abuse of Authority: Seizure of property Within NYPD Guidelines

Conclusion Meanings:

'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 November 9, 2023, [redacted] was riding his electric motorcycle on East Tremont Avenue in the Bronx when Police Officer Robert Rodriguez and Police Officer Jonathan Martinez, of the 45th Precinct, attempted to pull him over for a traffic stop. PO Rodriguez allegedly swerved his vehicle towards [redacted] in an attempt to strike him (Allegation A: Force-Vehicle, Unable to Determine). Fearing for his safety, [redacted] drove onto the sidewalk towards his home on Balcom Avenue. [redacted] dismounted at the corner of Graff Avenue and Miles Avenue and surrendered to PO Rodriguez and PO Martinez who arrived moments later. [redacted] electric motorcycle was seized and impounded (Allegation B: Abuse of Authority-Seizure of Property, Within NYPD Guidelines). [redacted] was arrested and charged with [redacted] (Board Review #01). PO Rodriguez also issued [redacted] 64 summonses (Board Review #02, #03) for violating 19 New York State Vehicle and Traffic Laws and New York City Traffic Rules (Allegation C: Abuse of Authority-Retaliatory Summons, Substantiated). [redacted] was released from Central Bookings the following day, November 10, 2023. As of the time of this report, [redacted] is still disputing these summonses in Traffic Court, but his criminal charges have been dismissed. Read report for details.


Details

Incident: November 9, 2023
Received: February 5, 2024
Closed: April 7, 2025

Reason for contact: Moving violation
Location: Street/highway
In NYPD 45th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Francisco Floresayala, Maggie Gonzalez, Jonathan Martinez, Nicholas Napoli
Body-Worn Camera evidence collected