Oct 18, 2024
An NYPD precinct commander is the subject of an Internal Affairs investigation into claims he ordered his executive officer and other subordinates to peel the tint off the windows of a cop’s personal vehicle in the station house parking lot, the Daily News has learned. On Oct. 4, Deputy Inspector Robert Gault, the commanding officer of Midtown North, allegedly ordered Capt. Allen Kirmass and a sergeant to have the tint removed from a 2018 red Honda that Police Officer Adam Benarafa used to drive back and forth to work, according to a complaint acquired by The News. In the complaint, Benarafa claimed that he was answering calls coming into the Midtown North station house on W. 54th St. when Kirmass and a sergeant came up to him and ordered him to bring his Honda to the back of the building. “He was instructed to bring the vehicle to the rear of the precinct because ‘as per the CO, DI Gault, the tints had to be removed now,”” the complaint reads. Benarafa brought the car behind the building, where two other officers were instructed to use acetone and a handheld hot blower to remove “all the window tints from the vehicle without his authorization,” according to the complaint. The car belonged to Benarafa’s mother. On Wednesday, Benarafa, with mom in tow, showed up to the 50th Precinct in the Bronx to file a complaint against the order, which some officers feel is an aggressive escalation of an ongoing crackdown by precinct commanders to make sure their officers’ personal vehicles are street legal and not violating any traffic laws. Police Benevolent Association President Patrick Hendry said Gault’s orders were “unacceptable.” “Police officers have to follow the law and NYPD policy regarding their personal vehicles, but there is absolutely nothing in those laws or policies that gives management the right to damage police officers’ property,” Hendry said. “Management’s handling of this situation was unacceptable and the PBA is addressing it with NYPD leadership.” Benarafa, who was forced to pay $10 for the acetone, admits that the windows to his mother’s car was covered in tint “including front windshield tints.” According to New York State law, only 30% of a car window can be tinted to prevent sun glare from coming in. At least 70% of the window needs to be clear. If a car is found with excessive tint, drivers receive tickets with fines of $150 to $200, according to state rules. Since the spring, the NYPD has begun checking officers’ personal cars to make sure that they have appropriate tint, legal and unobstructed license plates, and have valid registration and inspection stickers after receiving repeated complaints from police watchdogs claiming that some cops’ personal vehicles violate the same rules for which everyday motorists receive violations. Gault has reportedly been ensnared in the ongoing investigations into City Hall corruption. Last month, the FBI seized Gault’s cellphones as they continued their probe into former Police Commissioner Edward Caban and his twin brother, former NYPD Police Officer James Caban. James Caban is being investigated for trying to sell police favors to nightclubs and venues in Hell’s Kitchen and Chelsea. At the time, Gault was the commanding officer of the 10th Precinct in Chelsea, although it’s not believed he’s a target of the probe. Caban stepped down as police commissioner amid the investigation, claiming that he’d become “a distraction” if he stayed as head of the NYPD. No one has been charged in the FBI probe. Last year, Gault was docked 20 vacation days after he was caught drinking on duty with a female NYPD lieutenant who works under him. The pair spent more than an hour — the max for a meal — dining and drinking wine at Chelsea Ristorante Italiano on March 4, 2022, the NYPD said. Gault, a Police Department bagpiper who had earlier attended a wake for a former colleague’s relative, was later slapped with departmental charges for drinking on duty, failure to supervise a subordinate and conducting personal business on city time. Officer Benarafa joined the department in July 2023. His first assignment was at Midtown North, but three days after the tint was removed from his mother’s car, he was transferred to Borough Manhattan South Narcotics, according to department records. An NYPD spokesman confirmed that IAB was looking into Benerafa’s claims. “A complaint has been reported and the incident is under internal view,” the spokesman said.
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