Complaint #200300963,
January 31, 2003

Officer: Gunn, Joseph
Complainant: Black Male, 27
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Substantiated (Charges)
Officer: Gunn, Joseph
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gunn, Joseph
Complainant: Black Male, 27
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Balestrieri, Leonard
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Gunn, Joseph
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Balestrieri, Leonard
Complainant: Black Male, 27
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Ware, Richard
Complainant: Black Male, 27
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Gunn, Joseph Black Male, 27 Force: Other blunt instrument as a club Substantiated (Charges)
Gunn, Joseph Black Male, 27 Force: Physical force Unsubstantiated
Gunn, Joseph Black Male, 27 Force: Hit against inanimate object Unsubstantiated
Balestrieri, Leonard Black Male, 27 Discourtesy: Word Substantiated (Charges)
Gunn, Joseph Black Male, 27 Discourtesy: Word Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Balestrieri, Leonard Black Male, 27 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Ware, Richard Black Male, 27 Force: Gun Pointed Exonerated

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.


Penalties

Balestrieri, Leonard
Charge Dismissed - DCT
No penalty

Gunn, Joseph
Negttn-Nolo contendre
Vacation: 15 days

Details

Incident: January 31, 2003
Received: February 7, 2003
Closed: February 27, 2004

Reason for contact: Report-possession/sale of narcotics
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: John Fogelman, John Schroeder, Matthew Voltaggio