Andres H. Toribio

Badge #3138, Hispanic Male
Sergeant at 34th Precinct since January 2023, active
Also served at Midtown South Precinct, 77th Precinct, Field Training Unit
Service started July 2007, made $133,000 last year, Tax #945059

Substantiated Allegations:
Abuse of Authority: Unlawful Arrest
Abuse of Authority: Vehicle search

Discipline Cases:

Case: 2014-11862
Closed: 7/9/2014
Case: 2010-2576
Closed: 7/17/2012

View Details

Lawsuit settlements:
$9,000   Clark, Michelle vs Toribio, Barty, 2019 KCSC KCSC 520742/2019
$8,000   Lopez, Victor vs City of New York, et al., 2014 SDNY SDNY 14CV03673
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Complaints

5 Complaints
7 Allegations
2 Substantiated
1 Substantiated (Charges)
1 Substantiated (Command Discipline A)
1 Complainant Uncooperative
4 Exonerated

Complaint #202208135, November 2022
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Unlawful Arrest
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202003288, May 2020
Allegation: Force: Physical force
Complainant: Male, 68
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201806314, July 2018
Allegation: Abuse of Authority: Threat re: removal to hospital
Complainant: Black Female, 24
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Female, 24
CCRB Conclusion: Exonerated
additional details

Complaint #201803334, April 2018
Allegation: Force: Physical force
Complainant: Black Male, 32
CCRB Conclusion: Exonerated
additional details

Complaint #201407259, July 2014
Allegation: Force: Physical force
Complainant: Black Male, 43
CCRB Conclusion: Exonerated
additional details

Complaint #202208135, November 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 30-34 Substantiated (Command Discipline A)
Abuse of Authority: Unlawful Arrest Hispanic Male, 30-34 Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202003288, May 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 68 Complainant Uncooperative
additional details
Complaint #201806314, July 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat re: removal to hospital Black Female, 24 Exonerated
Force: Physical force Black Female, 24 Exonerated
additional details
Complaint #201803334, April 2018
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 32 Exonerated
additional details
Complaint #201407259, July 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 43 Exonerated
additional details

Conclusion Meanings:

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

Further details on conclusion definitions.


Discipline

Case: 2014-11862
Closed: 7/9/2014
Case Details:
  1. Guilty: Did wrongfully display his NYPD restricted parking permit.
  2. Guilty: Did fail and neglected to return his NYPD restricted parking permit
  3. Guilty: Did fail and neglected to notify the desk officer upon his dismissal from New York county criminal court.
Penalty: Dismissal probation (12 months), vacation days (20 days)

Case: 2010-2576
Closed: 7/17/2012
Case Details:
  1. Pleaded Guilty: While off-duty, operated an unregistered motor vehicle with improper license plates.
  2. Pleaded Guilty: While on-duty, utilized a Department computer system on sixteen (16) occasions to perform tasks unrelated to the official business in the Department.
Penalty: Vacation days (15 days)


Lawsuits

Named in 2 known lawsuits, $17,000 total settlements.

Clark, Michelle vs Toribio, Barty
Case # 520742/2019, Supreme Court - Kings, October 9, 2019, ended June 13, 2023
$9,000 Settlement

Lopez, Victor vs City of New York, et al.
Case # 14CV03673, U.S. District Court - Southern District NY, July 22, 2014, ended May 7, 2015
$8,000 Settlement
Complaint
Description: On February 4, 2012, Victor Lopez was arrested and then assaulted multiple times by NYPD officer Andres Toribio while being transported by police. Lopez would end up being taken to the hospital for injuries sustained during his arrested and transportation. While the complaint does not clearly enumerate Plaintiff's claims, the facts described in the complaint sound of excessive force, failure to intervene, indifference/denial of medical care, IIED, NIED, and violation of equal protection.

Other Documents

Brooklyn DA Disclosure Letter references additional lawsuit 11CV8255
NYPD Trial Decision 12/17/2012