Complaint #200301734,
February 5, 2003

Officer: Gutierrez, Luis
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Gutierrez, Luis
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Substantiated (Charges)
Officer: Gutierrez, Luis
Complainant: Black Male, 27
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Charges)
Officer: Nasso, Dominick
Complainant: Black Male, 27
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Substantiated (Charges)
Officer: Gutierrez, Luis
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Festino, Raymond
Complainant: Black Male, 27
Allegation: Abuse of Authority: Question and/or stop
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Gutierrez, Luis Black Male, 27 Discourtesy: Word Substantiated (Charges)
Gutierrez, Luis Abuse of Authority: Frisk and/or search Substantiated (Charges)
Gutierrez, Luis Black Male, 27 Abuse of Authority: Vehicle search Substantiated (Charges)
Nasso, Dominick Black Male, 27 Abuse of Authority: Frisk and/or search Substantiated (Charges)
Gutierrez, Luis Abuse of Authority: Other Substantiated (Charges)
Festino, Raymond Black Male, 27 Abuse of Authority: Question and/or stop Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Festino, Raymond
Negttn-Guilty
Command Discipline - B

Nasso, Dominick
Negttn-Guilty
Vacation: 10 days

Gutierrez, Luis
Negttn-Nolo contendre
Vacation: 25 days / Suspension: 15 days

Summary

On the early morning of February 5, 2003, [redacted] drove his car into the parking lot of [redacted] to drop off his friend, [redacted] at his residence there. A Brooklyn North anti-crime unit consisting of PO Dominick Nasso, PO Luis Gutierrez, and Sgt. Raymond Festino, approached [redacted]'s car and asked the men to show ID confirming that they had reason to be on the premises. When [redacted] and [redacted] exited the car, they were both frisked, and PO Gutierrez searched [redacted]'s car, finding materials from the Police Academy indicating that [redacted] had applied for entry into the recruit class. When [redacted] protested, stating that he would file a complaint, PO Gutierrez threatened to sabotage his application to the Academy. PO Gutierrez also spoke rudely to both men in the process. [redacted] Read report for details.


Details

Incident: February 5, 2003
Received: March 7, 2003
Closed: December 31, 2003

Reason for contact: Other
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued