Complaint #200707739,
May 27, 2007

Officer: Clarke, Leonard
Complainant: White Male, 43
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Clarke, Leonard
Complainant: White Male, 43
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Clarke, Leonard
Complainant: White Male, 43
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Clarke, Leonard White Male, 43 Abuse of Authority: Threat of arrest Exonerated
Clarke, Leonard White Male, 43 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Clarke, Leonard White Male, 43 Force: Other 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 May 27, 2007, at approximately 3:30pm, [redacted] called the police to report that his neighbors had been harassing him for over a year, on May 26, 2007, they threatened him physically, and on May 27, 2007, his neighbors brought outdoor PA systems of "many thousands of watts, and pointed them," at his window. Two officers, identified through investigation as Officer Leonard Clarke, who was described as a black male, 5'10"- 11" tall, hefty build, approximately 180-190 pounds, bald head and dressed in uniform, and Officer Thomas Gugliucci, described as a white male, 5'9"-10" tall, thin build, brown hair, had a mustache, green eyes and was dressed in uniform, responded to [redacted] in Brooklyn in a marked car. Because [redacted] had a video recorder, Officer Clarke told [redacted] that he should go inside because he was not allowed to video tape what Officer Clarke said to the neighbors. [redacted] provided a 34-second videotape of this which is consistent with his CCRB testimony, with the exception that the music in the background is being played at a moderate volume, no one is yelling to be heard, and no faces are visible (encl. 4a). Officer Clarke told [redacted] that the music would be "taken care of." [redacted] went inside, and approximately two minutes later, the music started again, this time louder than it had been before. [redacted] called the police a second time at approximately 5:00pm, and it took them about an hour to respond.
At approximately 6:00pm, Officer Clarke and Officer Gugliucci responded to [redacted] home, and Officer Clarke was "very belligerent" about having to come back a second time. When Officer Clarke exited the passenger side of the car, he walked around to the driver's side and leaned over the hood, approximately fifteen feet from where [redacted] was standing. Officer Clarke said "very disparaging things" such as, "All you need is a hug." [redacted] did not mention this in his letter, his statement to IAB, or his phone statement, but did mention it when he filed his complaint... Read report for details.


Details

Incident: May 27, 2007
Received: June 1, 2007
Closed: February 3, 2009

Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 70th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Joshua Baez, Joseph Beresky, Daniel Desalvo, Jason Greenberg, Thomas Gugliucci, Candace Harris, Gladstone Haynes, Harry Santiago