Complaint #200301915,
March 8, 2003

Officer: Gutierrez, Luis
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Luis
Complainant: Black Male, 22
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Luis
Complainant: Black Male, 21
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Festino, Raymond
Complainant: Black Male, 22
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Gutierrez, Luis
Complainant: Black Male, 21
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gutierrez, Luis Black Male, 22 Force: Physical force Unsubstantiated
Gutierrez, Luis Black Male, 22 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Gutierrez, Luis Black Male, 21 Force: Pepper spray Unsubstantiated
Festino, Raymond Black Male, 22 Abuse of Authority: Question and/or stop Exonerated
Gutierrez, Luis Black Male, 21 Force: Gun Pointed Unsubstantiated

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.
'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.


Summary

On March 8, 2003, [redacted] sitting in his red Chevy Tahoe, was approached and questioned by PO Luis Gutierrez who was working with PO Dominick Nasso and Lt. Raymond Festino (Sgt. Festino at the time). (Allegation A) PO Gutierrez requested [redacted]'s license and registration and as [redacted] got the information he was asked to step out of the vehicle. [redacted] asked why he had to step out of the vehicle and requested PO Gutierrez's name and badge number. (Allegation B) PO Gutierrez ignored [redacted], opened his car door, forcefully removed him from the vehicle, and threw him to ground. (Allegation C) [redacted] was placed in handcuffs. At this point, his friend, [redacted] approached the officers. PO Gutierrez pointed his gun at [redacted] and told him to backup. (Allegation D) Subsequently, [redacted] was pepper sprayed by PO Gutierrez. (Allegation E) Read report for details.


Details

Incident: March 8, 2003
Received: March 14, 2003
Closed: June 4, 2004

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: Summons - disorderly conduct

Witness Officers: Dominick Nasso