{"incident_date":"2016-02-13","received_date":"2016-02-14","close_date":"2016-07-06","borough":"Bronx","precinct":40,"location_type":"Commercial building","contact_reason":"Report of other crime","contact_outcome":"Arrest - other violation/crime","disposition":"Substantiated (Charges)","evidence_bwc":false,"evidence_video":false,"precinct_command_id":"40pct","allegations":[{"fado_type":"Force","allegation":"Physical force","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Unsubstantiated","id":946667,"officer_id":"Y4RT"},{"fado_type":"Force","allegation":"Pepper spray","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Substantiated (Charges)","id":946671,"officer_id":"Y4RT"},{"fado_type":"Force","allegation":"Physical force","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Unsubstantiated","id":946714,"officer_id":"QUXD"},{"fado_type":"Abuse of Authority","allegation":"Frisk","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Substantiated (Command Discipline A)","id":946718,"officer_id":"QUXD"},{"fado_type":"Force","allegation":"Chokehold","victim_age_incident":"30-34","victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Officer(s) Unidentified","id":953406},{"fado_type":"Force","allegation":"Other","victim_age_incident":"30-34","victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Officer(s) Unidentified","id":953407},{"fado_type":"Force","allegation":"Other","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Unsubstantiated","id":953898,"officer_id":"Y4RT"},{"fado_type":"Force","allegation":"Other","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Black","ccrb_disposition":"Unsubstantiated","id":953899,"officer_id":"QUXD"}],"penalties":[{"ccrb_disposition":"Substantiated (Charges)","apu_trial_ccrb_recommended_penalty":"Forfeit vacation 20 days","apu_case_status":"Closed: Not guilty after trial-PC Approved","apu_closing_date":"2017-09-27","nypd_disposition":"APU Not guilty","officer_id":"Y4RT"},{"ccrb_disposition":"Substantiated (Command Discipline A)","nypd_penalty":"No penalty","nypd_disposition":"No Disciplinary Action-DUP","officer_id":"QUXD"}],"documents":[{"url":"https://www.documentcloud.org/documents/24179236-201601314_redactedclosingreport_redacted","type":"closing-report"}],"summary":"On February 13, 2016, at approximately 11:30 p.m., in front of Club Miami, located at 26 Bruckner Boulevard in the Bronx, a taxi driver called 911 to report that [redacted] had not paid his fare. Officers Manuel Gutierrez, Christian Garcia, Angie Rodriguez, and Brittany Moore of the 40th Precinct responded to the scene. Security staff at Club Miami brought [redacted] out of the club, and [redacted] discussed the taxi fare with the officers. PO Garcia frisked [redacted] (Allegation A). [redacted] was startled, and he pushed PO Garcia's hand away from his body. Immediately after, PO Gutierrez pepper sprayed him (Allegation B). PO Garcia and PO Gutierrez allegedly brought [redacted] to the ground (Allegations C and D). An officer allegedly placed a knee on the back of [redacted]'s neck, and [redacted] could not breathe (Allegations E and F). PO Garcia and PO Gutierrez allegedly punched him to get him to go inside of the police vehicle (subsumed in Allegations C and D). [redacted] who could not see due to the pepper spray, was allegedly placed stomach-down across the back seat of the vehicle (Allegations G and H).","witness_officers":[{"last_name":"Moore","first_name":"Brittany","officer_id":"TXY5"},{"last_name":"Rodriguez","first_name":"Angie","officer_id":"WG5R"}],"id":201601314,"updated_date":"2025-10-02T13:04:00.971Z","url":"https://www.50-a.org/complaint/201601314"}