Andres H. Toribio

Badge #3138, Hispanic Male
Former Sergeant at 34th Precinct
Also served at Midtown South Precinct, 77th Precinct, Field Training Unit
Service started July 2007, ended August 2024, Tax #945059

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

Discipline Cases:

Closed: 7/10/2024
Case: 2 Allegations
Case: 2014-11862
Closed: 7/9/2014
Case: 2010-2576
Closed: 7/17/2012

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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
$50,000   Simpson, Norris vs City of New York, et al., 2011 SDNY SDNY 11CV08255
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Complaints

7 Complaints
10 Allegations
2 Substantiated
1 Substantiated (Charges)
1 Substantiated (Command Discipline A)
1 Complainant Uncooperative
4 Exonerated
1 Miscellaneous - Subject Resigned
2 Within NYPD Guidelines

Complaint #202403879, March 2024
Allegation: Abuse of Authority: Entry of Premises
Complainant: Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202307622, August 2023
Allegation: Force: Physical force
Complainant: Hispanic Male, 55-59
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 55-59
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

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)
NYPD Conclusion: APU Command Discipline B
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, July 22, 2024
Penalty: Forfeit vacation 10 days / Command Discipline B
Documents: APU Quarterly Report summary
Complaint Closing Report
NYPD Plea Agreement
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 #202403879, March 2024
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Female, 45-49 Within NYPD Guidelines
additional details
Complaint #202307622, August 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 55-59 Within NYPD Guidelines
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 55-59 Miscellaneous - Subject Resigned
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)
NYPD Conclusion: APU Command Discipline B
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, July 22, 2024
Penalty: Forfeit vacation 10 days / Command Discipline B
Documents: APU Quarterly Report summary
Complaint Closing Report
NYPD Plea Agreement
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 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.
'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

Closed: 7/10/2024
Case Details:
  1. Wrongfully arrested an individual known to the Department.
  2. Wrongfully searched a vehicle.
Penalty: B - Command Discipline, vacation days (10 days)
Recommendation: Charges and Specifications

Case: 2014-11862
Closed: 7/9/2014
Case Details:
  1. Guilty: Did fail and neglected to notify the desk officer upon his dismissal from New York county criminal court.
  2. Guilty: Did fail and neglected to return his NYPD restricted parking permit
  3. Guilty: Did wrongfully display his NYPD restricted parking permit.
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 3 known lawsuits, $67,000 total settlements.

Clark, Michelle vs Toribio, Barty
Case # 520742/2019, Supreme Court - Kings, October 9, 2019, ended June 13, 2023
$9,000 Settlement
Complaint
Description: On August 18, 2018, Plaintiff went to a park near Rochester and Carroll Street in Brooklyn, as she was informed of an argument between her son and his baby's mother and that police had been called to the park. When the police arrived, Plaintiff attempted to talk to the officers about what was taking place. Officer Andres Toribio told Plaintiff to shut up. Plaintiff then asked Officer Toribio for his name and badge number. Officer Toribio shoved his chest into Plaintiff's face and pushed Plaintiff into the police car. Without reason or justification, Officer Toribio arrested Plaintiff in front of her grandson and family, causing Plaintiff emotional distress. Plaintiff was taken to the 77th Precinct where she was...

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.

Simpson, Norris vs City of New York, et al.
Case # 11CV08255, U.S. District Court - Southern District NY, November 3, 2011, ended September 17, 2013
$50,000 Settlement

Other Documents

NYPD Trial Decision 12/17/2012