Complaint #200702841,
February 21, 2007

Officer: Pirone, Donald
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Force: Gun as club
CCRB Conclusion: Unfounded
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Offensive Language: Race
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Gibbs, Michael
Complainant: Black Male, 23
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Pirone, Donald
Complainant: Black Male, 23
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Pirone, Donald Black Male, 23 Force: Physical force Exonerated
Gibbs, Michael Black Male, 23 Force: Gun Pointed Exonerated
Gibbs, Michael Black Male, 23 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Gibbs, Michael Black Male, 23 Force: Physical force Exonerated
Gibbs, Michael Black Male, 23 Force: Gun as club Unfounded
Gibbs, Michael Black Male, 23 Offensive Language: Race Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Gibbs, Michael Black Male, 23 Abuse of Authority: Strip-searched Unfounded
Gibbs, Michael Black Male, 23 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Gibbs, Michael Black Male, 23 Abuse of Authority: Stop Exonerated
Pirone, Donald Black Male, 23 Abuse of Authority: Strip-searched Unfounded

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 February 21, 2007 at approximately 3:00 p.m. [redacted] was selling illegal DVD's on the corner of East 165th Street and Sherman Avenue in the Bronx. An officer, who [redacted] was initially identified as his arresting officer PO Donald Pirone but who was eventually identified from the investigation as PO Michael Gibbs, allegedly approached him with his gun pointed and instructed him to "put his hands on the wall" (Allegations A and B). PO Pirone, who was identified as PO Gibbs' partner, approached [redacted] after PO Gibbs. PO Gibbs allegedly told [redacted] that if he kept moving he would "punch him in his stomach" (Allegation C). PO Pirone searched through [redacted]'s pockets. PO Gibbs allegedly slapped [redacted] on the right side of his head twice, causing his eyeglasses to hit the ground (Allegation D). As [redacted] bent over and attempted to reach for his eyeglasses, PO Gibbs allegedly struck [redacted] on the left side of his head three times with his firearm (Allegation E). PO Gibbs and PO Pirone pushed [redacted] to the ground (within Allegation D, and Allegation F). PO Gibbs allegedly called [redacted] a "monkey" a "nigger" and said, "I hate you spics" (Allegation G). [redacted] was handcuffed and transported to the 44th Precinct. PO Gibbs and PO Pirone took [redacted] to a rear holding cell and allegedly instructed him to remove his clothing (Allegations H and I). Meanwhile, PO Gibbs allegedly told [redacted] "I am going to punch you as hard as I can" (within Allegation C). [redacted] was placed in a holding cell where he noticed that his head was bleeding. [redacted] requested medical attention from PO Gibbs at least ten times but PO Gibbs allegedly responded, "I will take you to the hospital later on" (Allegation J). After being released from Bronx Central Booking on [redacted], [redacted] sought medical attention at [redacted] where he was prescribed pain medication.
[redacted] also alleged that when he went to the precinct to retrieve his property, his benefit identification card was... Read report for details.


Details

Incident: February 21, 2007
Received: February 28, 2007
Closed: December 28, 2007
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued