Carlos J. Martinez

Badge #4085, Hispanic Male, 45
Detective Grade 3 at Detective Bureau Grand Larceny Division since October 2020
Also served at 46th Precinct, 45th Precinct
Service started July 2005, made $195,000 last year, Tax #938947

Substantiated Allegations:
Abuse of Authority: Refusal to provide name/shield number

Discipline Cases:

Closed: 8/15/2024
Case: 1 Allegation

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Lawsuit Settlements:
$60,000   Encarnacion, Carlos vs City of New York, et al., 2015 BCSC BCSC 303220/2015
$95,000   French, Sinclair, et al. vs City of New York, et al., 2013 BCSC BCSC 300047/2013
$165,000   Depasquale, Anthony, et Al vs City of New York, et al., 2012 SDNY SDNY 12CV07637
$68,750   Cheatum, Kashmere, et Al vs City of New York, et al., 2012 BCSC BCSC 307072/2012
$75,000   Tracey, Brandon vs City of New York, et La., 2012 BCSC BCSC 311299/2011
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Complaints

9 Complaints
18 Allegations
1 Substantiated
1 Substantiated (Charges)
1 Alleged Victim Uncooperative
8 Exonerated
8 Unsubstantiated

Complaint #201203624, March 2012
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 54
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201110424, August 2011
Allegation: Force: Physical force
Complainant: Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Force: Gun as club
Complainant: Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Force: Gun Pointed
Complainant: Male, 17
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Male, 17
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201012599, September 2010
Allegation: Force: Pepper spray
Complainant: Hispanic Male, 29
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 29
CCRB Conclusion: Unsubstantiated
Allegation: Force: Other blunt instrument as a club
Complainant: Hispanic Male, 29
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201012178, August 2010
Allegation: Force: Physical force
Complainant: White Male, 20
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #201009937, July 2010
Allegation: Force: Physical force
Complainant: White Male, 18
CCRB Conclusion: Exonerated
additional details

Complaint #201105219, July 2010
Allegation: Force: Gun Pointed
Complainant: Asian Male, 26
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Asian Male, 26
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Asian Male, 26
CCRB Conclusion: Exonerated
additional details

Complaint #201009044, July 2010
Allegation: Force: Physical force
Complainant: Hispanic Male, 28
CCRB Conclusion: Exonerated
additional details

Complaint #200914743, September 2009
Allegation: Discourtesy: Word
Complainant: Hispanic Female
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 49
CCRB Conclusion: Substantiated (Charges)
Penalty: Command Discipline - B
additional details

Complaint #200600812, January 2006
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 22
CCRB Conclusion: Exonerated
additional details

Complaint #201203624, March 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Female, 54 Unsubstantiated
additional details
Complaint #201110424, August 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 17 Unsubstantiated
Force: Gun as club Male, 17 Unsubstantiated
Force: Gun Pointed Male, 17 Exonerated
Abuse of Authority: Threat of force (verbal or physical) Male, 17 Unsubstantiated
Discourtesy: Word Male, 17 Unsubstantiated
additional details
Complaint #201012599, September 2010
Allegation Complainant CCRB Conclusion
Force: Pepper spray Hispanic Male, 29 Exonerated
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 29 Unsubstantiated
Force: Other blunt instrument as a club Hispanic Male, 29 Unsubstantiated
additional details
Complaint #201012178, August 2010
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 20 Alleged Victim Uncooperative
additional details
Complaint #201009937, July 2010
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 18 Exonerated
additional details
Complaint #201105219, July 2010
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Asian Male, 26 Exonerated
Abuse of Authority: Stop Asian Male, 26 Exonerated
Abuse of Authority: Search (of person) Asian Male, 26 Exonerated
additional details
Complaint #201009044, July 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 28 Exonerated
additional details
Complaint #200914743, September 2009
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 49 Substantiated (Charges)
Penalty: Command Discipline - B
additional details
Complaint #200600812, January 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 22 Exonerated
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.

Further details on conclusions.


Discipline

Closed: 8/15/2024
Case Details:
  1. Made computer inquiries unrelated to official Department business.
Penalty: B - Command Discipline, vacation days (3 days)
Recommendation: Command Discipline - B


Lawsuits

Named in 5 known lawsuits, $463,750 total settlements.

Encarnacion, Carlos vs City of New York, et al.
Case # 303220/2015, Supreme Court - Bronx, November 23, 2015, ended January 8, 2018
$60,000 Settlement

French, Sinclair, et al. vs City of New York, et al.
Case # 300047/2013, Supreme Court - Bronx, January 11, 2013, ended January 14, 2014
$95,000 Settlement

Depasquale, Anthony, et Al vs City of New York, et al.
Case # 12CV07637, U.S. District Court - Southern District NY, November 9, 2012, ended September 1, 2016
$165,000 Settlement

Cheatum, Kashmere, et Al vs City of New York, et al.
Case # 307072/2012, Supreme Court - Bronx, September 11, 2012, ended January 27, 2016
$68,750 Settlement

Tracey, Brandon vs City of New York, et La.
Case # 311299/2011, Supreme Court - Bronx, January 9, 2012, ended February 10, 2016
$75,000 Settlement