Complaint #200406979,
June 18, 2004

Officer: Diaz, Gabriel
Complainant: Black Male, 28
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Diaz, Gabriel
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Gabriel
Complainant: Black Male, 26
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Dadamo, John
Complainant: Black Male, 26
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Diaz, Gabriel Black Male, 28 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Unknown Officer Black Male, 25-29 Abuse of Authority: Strip-searched Miscellaneous - Subject Resigned
Diaz, Gabriel Black Male, 26 Abuse of Authority: Frisk Unsubstantiated
Diaz, Gabriel Black Male, 26 Abuse of Authority: Vehicle stop Exonerated
Dadamo, John Black Male, 26 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.
'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 July 20, 2004, at about 6:25 PM, [redacted] was driving his 1996, blue four door Dodge to the Queensbridge Housing Projects in Queens. His friend, [redacted] was in the passenger seat, while his friend [redacted] sat in the rear. At 6:40 PM, before he made a right turn at the corner of 40th Avenue and 10th Street, [redacted] signaled and stopped at a stop sign, before proceeding to make a second right turn. He noticed a silver Impala behind them. When he heard the siren, he pulled over immediately. The officer identified as PO Gabriel Diaz and his partner stepped out of their car and approached [redacted] vehicle. PO Diaz asked him for his license and registration; [redacted] complied. The officers ran his information and returned to the vehicle to report that "everything was fine". Then PO Diaz asked [redacted] if it he could search his car, and [redacted] consented. When [redacted] stepped out, PO Diaz frisked him. After nothing was recovered, PO Diaz's partner walked [redacted] over to the rear of the car and PO Diaz continued to walk around to the passenger side. PO Diaz asked [redacted] to step out and then frisked him. A commotion broke out. PO Diaz drew his weapon, pointed it at the ground and said, "get down on the ground or I will shoot". [redacted] complied with the order. [redacted] had a 40 caliber, loaded firearm on his person, which PO Diaz found during the frisk. In the Notice of Claim, [redacted] indicated the officers found marijuana on [redacted]. A few seconds later, an unmarked black, 16 van arrived at the scene. The civilians were placed in it and transported to the 114th Precinct.
At the precinct, PO Diaz brought them before the desk sergeant, where [redacted] was informed that he, [redacted] and [redacted] would be charged with the possession of the gun. [redacted] was taken to the holding cell. Later PO Diaz' partner strip searched him, [redacted] and [redacted] in the bathroom. The following day [redacted] and [redacted] were allowed to go home. In the Notice of Claim, [redacted]... Read report for details.


Details

Incident: June 18, 2004
Received: July 20, 2004
Closed: September 14, 2005

Reason for contact: Moving violation
Location: Street/highway
In NYPD 114th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Kristian Flood, Kenneth Morgan, Joseph Seychell