| Officer: | Gutierrez, Luis |
|---|---|
| Complainant: | Black Male, 20 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Gutierrez, Luis |
| Complainant: | Black Male, 20 |
| Allegation: | Abuse of Authority: Frisk and/or search |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Festino, Raymond |
| Complainant: | Black Male, 20 |
| Allegation: | Abuse of Authority: Refusal to provide name/shield number |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Galan, Edwin |
| Complainant: | Black Male, 20 |
| Allegation: | Abuse of Authority: Frisk and/or search |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Festino, Raymond |
| Complainant: | Black Male, 20 |
| Allegation: | Abuse of Authority: Retaliatory arrest |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Festino, Raymond |
| Complainant: | Black Male, 20 |
| Allegation: | Abuse of Authority: Question and/or stop |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Gutierrez, Luis | Black Male, 20 | Force: Physical force | Substantiated (Charges) |
| Gutierrez, Luis | Black Male, 20 | Abuse of Authority: Frisk and/or search | Substantiated (Charges) |
| Festino, Raymond | Black Male, 20 | Abuse of Authority: Refusal to provide name/shield number | Substantiated (Charges) |
| Galan, Edwin | Black Male, 20 | Abuse of Authority: Frisk and/or search | Substantiated (Charges) |
| Festino, Raymond | Black Male, 20 | Abuse of Authority: Retaliatory arrest | Substantiated (Charges) |
| Festino, Raymond | Black Male, 20 | Abuse of Authority: Question and/or stop | Substantiated (Charges) |
Further details on conclusions.
He stated he was on his way home from his girlfriend's house, and was about fifty feet from his building, [redacted] when a black car pulled up next to him, and the passenger in the car, whom he was later able to identify as PO Gutierrez, said "hey" or something like that to get his attention. [redacted] looked over, and three men, Officers Gutierrez, Galan, and Sgt. Festino jumped out of the car. Officers Gutierrez and Galan, were Hispanic, but one, PO Gutierrez, was noticeably taller than the other, PO Galan, and the third officer, Sgt. Festino, was white.
[redacted] was shocked because he did not know who they were, and they did not have their shields exposed. Officers Gutierrez and Galan patted [redacted]'s pockets and legs. They then picked up his shirt to see if there was anything at his waist. PO Gutierrez checked around his waistband, patted the right side of his body, emptied the pockets on his right side, and patted him near his groin area, while PO Galan patted the left side of his body, and emptied the pockets on the left side of his body. [redacted]'s pockets contained a headband, a bottle of cologne, his wallet, and his keys. Sgt. Festino did not frisk or search [redacted] but stood off to the side and watched the other two officers. [redacted] was standing as he was searched, and was not made to put his hands against anything, such as a fence or car. [redacted] was standing approximately two or three feet away from their car.
[redacted] asked the officers what was going on, but PO Gutierrez told him to shut up, then grabbed his right arm and pulled it behind his back. As the officers continued to frisk [redacted] he complained that his arm hurt. They told him to shut up, and threw him against their car. PO Gutierrez punched [redacted] in the right side of his body, in his ribs, and then slammed his head twice against the car. Officers Galan and Gutierrez frisked him again, but this time they held him against the car. After they patted him down this second time, they pulled him off the car, and...
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