Complaint #200304776,
June 20, 2002

Officer: Festino, Raymond
Complainant: Black Male, 32
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Gutierrez, Luis
Complainant: Black Male, 32
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Luis
Complainant: Black Male, 32
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Charges)
Officer: Gutierrez, Luis
Complainant: Black Male, 32
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Festino, Raymond Black Male, 32 Abuse of Authority: Strip-searched Exonerated
Gutierrez, Luis Black Male, 32 Force: Other Unsubstantiated
Gutierrez, Luis Black Male, 32 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Charges)
Gutierrez, Luis Black Male, 32 Abuse of Authority: Strip-searched 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.
'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.


Penalty

Gutierrez, Luis
No Disciplinary Action-SOL
No penalty

Summary

On June 20, 2002, within the confines of the 83rd Precinct, a four-officer Anti-Crime team arrested [redacted] and [redacted] for possession of crack-cocaine. [redacted]'s complaint was filed by his brother, [redacted] who called IAB on June 21, 2002 alleging that [redacted] had been "assaulted" by the officers during his arrest. Sgt. Mark Giffen of IAB's Group 54 completed a full investigation regarding this complaint. The results of such investigation are as follows: one unlawful strip-search allegation was unfounded against [redacted] arresting officer PO John Buck, one unlawful strip-search allegation was exonerated against PO Luis Gutierrez and one excessive force allegation was unsubstantiated against PO Gutierrez. IAB closed [redacted] investigation on March 24, 2003 and referred the results to the CCRB, where it was received on June 24, 2003.
Between the date of incident and the present date, the CCRB conducted a full investigation, interviewing [redacted] and the four members of the Brooklyn North Anti-Crime with whom he interacted on June 20, 2002. Sgt. Raymond Festino and Officers John Buck, Luis Gutierrez and Dominic Nasso were questioned regarding [redacted]'s assertion that he was strip-searched at his arrest location (allegation a); an officer inserted his finger into [redacted]'s anus during said strip-search (allegation b); he was strip-searched at the 83rd Precinct's stationhouse (allegation c); and [redacted]'s assertion that PO Gutierrez failed to obtain medical attention upon his request (allegation d). Read report for details.


Details

Incident: June 20, 2002
Received: June 24, 2003
Closed: December 24, 2003

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: John Buck, Dominick Nasso