Ernesto E. Bautista

Ernesto E. Bautista

Ernesto E. Bautista
Badge #28399, Hispanic Male, 41
Police Officer at 30th Precinct since August 2021
Service started January 2013, made $165,000 last year, Tax #953671

Substantiated Allegations:
Force: Chokehold
Force: Other
Force: Physical force (2)
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Frisk
Abuse of Authority: Improper use of body-worn camera (2)
Abuse of Authority: Search (of person)
Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal)
Abuse of Authority: Stop
Discourtesy: Action
Discourtesy: Gesture
Discourtesy: Word (6)
Offensive Language: Disability
Offensive Language: Ethnicity
Offensive Language: Gender
Offensive Language: Race
Offensive Language: Sexual orientation

Discipline Cases:

Case: 2019-21164
Closed: 2/6/2020
Case: 2019-21421
Closed: 12/9/2019

View Details

Lawsuit Settlements:
$20,000   Otoba, Evann vs City of Ny, et al., 2023 NYCSC NYCSC 150469/2023
View Details

Complaints

13 Complaints
47 Allegations
24 Substantiated
3 Substantiated (Command Lvl Instructions)
3 Substantiated (Formalized Training)
12 Substantiated (Charges)
5 Substantiated (Command Discipline A)
1 Substantiated (Command Discipline B)
9 Complainant Uncooperative
2 Unable to Determine
4 Unfounded
4 Unsubstantiated
4 Within NYPD Guidelines

Complaint #202311241, November 2023
Allegation: Force: Physical force
Complainant: Age 30-34
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Age 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Discourtesy: Word
Complainant: Age 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Offensive Language: Religion
Complainant: Male, 35-39
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Age 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Offensive Language: Disability
Complainant: Age 30-34
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Male, 35-39
CCRB Conclusion: Unfounded
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, July 14, 2026
Penalty: Forfeit vacation 10 days / Command Discipline B
additional details

Complaint #202309529, October 2023
Allegation: Force: Physical force
Complainant: Middle Eastern/North African Female, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Bias-Based Policing (Religion)
Complainant: Female, 30-34
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Middle Eastern/North African Female, 30-34
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Female, 30-34
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Force: Physical force
Complainant: Middle Eastern/North African Female, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Discourtesy: Word
Complainant: Middle Eastern/North African Male, 45-49
CCRB Conclusion: Substantiated (Formalized Training)
Penalty: Formalized Training
additional details

Complaint #202304471, May 2023
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 25-29
CCRB Conclusion: Within NYPD Guidelines
Allegation: Force: Physical force
Complainant: Black Male, 25-29
CCRB Conclusion: Within NYPD Guidelines
Allegation: Offensive Language: Sexual orientation
Complainant: Black Male, 25-29
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 25-29
CCRB Conclusion: Within NYPD Guidelines
Allegation: Discourtesy: Word
Complainant: Black Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, July 14, 2026
Penalty: Forfeit vacation 10 days / Command Discipline B
additional details

Complaint #202303212, March 2023
Allegation: Abuse of Authority: Seizure of property
Complainant: Male, 40-44
CCRB Conclusion: Within NYPD Guidelines
Documents: Complaint Closing Report
additional details

Complaint #202301740, February 2023
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 30-34
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 30-34
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201902271, March 2019
Allegation: Discourtesy: Word
Complainant: Male, 29
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201809463, November 2018
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 48
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 48
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Gesture
Complainant: Hispanic Male, 48
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 48
CCRB Conclusion: Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201901679, November 2018
Allegation: Offensive Language: Ethnicity
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
Allegation: Offensive Language: Race
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Gesture
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal)
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Action
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
Allegation: Offensive Language: Gender
Complainant: Hispanic Male, 43
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 11 days
APU Case Status: Closed: Resolved by plea, November 15, 2022
Penalty: Forfeit vacation 11 days
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #201708714, October 2017
Allegation: Force: Physical force
Complainant: Black Female, 20
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201701649, March 2017
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 53
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 53
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 53
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201605586, June 2016
Allegation: Force: Physical force
Complainant: Hispanic Male, 30
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201600632, January 2016
Allegation: Force: Physical force
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Strip-searched
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #201506161, July 2015
Allegation: Force: Chokehold
Complainant: Hispanic Male, 27
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Other
Complainant: Hispanic Male, 27
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Hispanic Male, 27
CCRB Conclusion: Unsubstantiated
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial-PC Approved, October 10, 2017
Documents: Complaint Closing Report
additional details

Complaint #202311241, November 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Age 30-34 Substantiated (Command Discipline B)
Abuse of Authority: Failure to provide RTKA card Age 30-34 Substantiated (Command Discipline A)
Discourtesy: Word Age 30-34 Substantiated (Command Discipline A)
Offensive Language: Religion Male, 35-39 Unfounded
Abuse of Authority: Improper use of body-worn camera Age 30-34 Substantiated (Command Discipline A)
Offensive Language: Disability Age 30-34 Substantiated (Charges)
Discourtesy: Word Male, 35-39 Unfounded
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, July 14, 2026
Penalty: Forfeit vacation 10 days / Command Discipline B
additional details
Complaint #202309529, October 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Middle Eastern/North African Female, 30-34 Unable to Determine
Abuse of Authority: Bias-Based Policing (Religion) Female, 30-34 Unfounded
Discourtesy: Word Middle Eastern/North African Female, 30-34 Substantiated (Formalized Training)
Abuse of Authority: Improper use of body-worn camera Female, 30-34 Substantiated (Formalized Training)
Force: Physical force Middle Eastern/North African Female, 30-34 Unable to Determine
Discourtesy: Word Middle Eastern/North African Male, 45-49 Substantiated (Formalized Training)
Penalty: Formalized Training
additional details
Complaint #202304471, May 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 25-29 Within NYPD Guidelines
Force: Physical force Black Male, 25-29 Within NYPD Guidelines
Offensive Language: Sexual orientation Black Male, 25-29 Substantiated (Charges)
Abuse of Authority: Threat of force (verbal or physical) Black Male, 25-29 Within NYPD Guidelines
Discourtesy: Word Black Male, 25-29 Substantiated (Command Discipline A)
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, July 14, 2026
Penalty: Forfeit vacation 10 days / Command Discipline B
additional details
Complaint #202303212, March 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Seizure of property Male, 40-44 Within NYPD Guidelines
Documents: Complaint Closing Report
additional details
Complaint #202301740, February 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name Black Male, 30-34 Complainant Uncooperative
Abuse of Authority: Refusal to provide shield number Black Male, 30-34 Complainant Uncooperative
additional details
Complaint #201902271, March 2019
Allegation Complainant CCRB Conclusion
Discourtesy: Word Male, 29 Complainant Uncooperative
additional details
Complaint #201809463, November 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 48 Unfounded
Abuse of Authority: Stop Hispanic Male, 48 Unsubstantiated
Discourtesy: Gesture Hispanic Male, 48 Unsubstantiated
Discourtesy: Word Hispanic Male, 48 Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #201901679, November 2018
Allegation Complainant CCRB Conclusion
Offensive Language: Ethnicity Hispanic Male, 43 Substantiated (Charges)
Offensive Language: Race Hispanic Male, 43 Substantiated (Charges)
Discourtesy: Gesture Hispanic Male, 43 Substantiated (Charges)
Discourtesy: Word Hispanic Male, 43 Substantiated (Charges)
Force: Physical force Hispanic Male, 43 Substantiated (Charges)
Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal) Hispanic Male, 43 Substantiated (Charges)
Discourtesy: Action Hispanic Male, 43 Substantiated (Charges)
Offensive Language: Gender Hispanic Male, 43 Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 11 days
APU Case Status: Closed: Resolved by plea, November 15, 2022
Penalty: Forfeit vacation 11 days
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #201708714, October 2017
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 20 Complainant Uncooperative
additional details
Complaint #201701649, March 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 53 Substantiated (Command Lvl Instructions)
Abuse of Authority: Stop Black Male, 53 Substantiated (Command Lvl Instructions)
Abuse of Authority: Frisk Black Male, 53 Substantiated (Command Lvl Instructions)
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details
Complaint #201605586, June 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 30 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201600632, January 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 23 Complainant Uncooperative
Abuse of Authority: Strip-searched Male, 23 Complainant Uncooperative
Abuse of Authority: Refusal to obtain medical treatment Male, 23 Complainant Uncooperative
Abuse of Authority: Refusal to obtain medical treatment Male, 23 Complainant Uncooperative
Abuse of Authority: Stop Male, 23 Complainant Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #201506161, July 2015
Allegation Complainant CCRB Conclusion
Force: Chokehold Hispanic Male, 27 Substantiated (Charges)
Force: Other Hispanic Male, 27 Substantiated (Charges)
Force: Physical force Hispanic Male, 27 Unsubstantiated
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial-PC Approved, October 10, 2017
Documents: Complaint Closing Report
additional details

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or '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.


Discipline

Case: 2019-21164
Closed: 2/6/2020
Case Details:
  1. Pleaded Guilty: Failed to activate their body-worn camera.
  2. Pleaded Guilty: Failed to take police action/render police services.
Penalty: Suspended w/o pay (5 days), vacation days (30 days)

Case: 2019-21421
Closed: 12/9/2019
Case Details:
  1. Pleaded Guilty: Wrongfully damaging a person's property.
  2. Pleaded Guilty: Wrongfully made discourteous gesture to an individual known to the Department.
  3. Pleaded Guilty: Wrongfully used physical force.
Penalty: Vacation days (11 days)


Lawsuits

Named in 2 known lawsuits, $20,000 total settlements.

Otoba, Evann vs City of Ny, et al.
Case # 150469/2023, Supreme Court - New York, January 18, 2023, ended November 24, 2025
$20,000 Settlement
Complaint
Description: On May 16, 2022 at approximately 9:15 a.m., Plaintiff Evann Otoba was illegally stopped, seized and searched, battered and assaulted, detained, and arrested by or at the direction of Defendants, including Defendant Police Officer Ernesto Bautista and unnamed Police Officers of the NYPD. Plaintiff was denied his rights to Fair Trial and Due Process and was maliciously prosecuted from the moment of his arraignment, until all adverse charges were summarily and unconditionally dismissed and pursuant to sections 160.50 or 160.60 of the New York Criminal Procedure Law on or about May 27, 2022 when the District Attorney's office declined to prosecute Plaintiff, likely due to a lack of probable cause for his arrest. D...

Rivera, Angel vs City of New York, et al.
Case # 025751/2016E, Supreme Court - Bronx, September 1, 2016
Complaint
Description: On June 8, 2015, defendant NYPD officer Ernesto Bautista (Shield No. 28399), along with unnamed defendant NYPD officers, approached plaintiff on a street in the Bronx and unlawfully stopped, searched, battered, handcuffed and detained plaintiff in an excessive manner, based solely on his age/race. Plaintiff was arraigned after his arrest and thereafter falsely and malicious prosecuted based on information provided by defendants to the DA's office. Plaintiff sustained physical and emotional injuries as a result of this incident. All charges against plaintiff were eventually terminated favorably.

Other Documents

NYPD Trial Decision 10/10/2017