Complaint #200710742,
July 26, 2007

Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Female
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Gulotta, Joseph
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 21-24 Force: Other blunt instrument as a club Unsubstantiated
Unknown Officer Hispanic Female Abuse of Authority: Property damaged Exonerated
Gulotta, Joseph Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Hispanic Male, 21-24 Abuse of Authority: Search (of person) Exonerated

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 26, 2007, at approximately 5:30 AM, [redacted] and her son, [redacted] were asleep in their apartment, located at [redacted] in Queens, when ESU officers forcibly entered their apartment under the authorization of Lt. Joseph Gulotta (allegation A). The officers spread throughout the entire apartment and placed [redacted] who had been sleeping on a couch in the living room, in handcuffs, while they secured the apartment. [redacted] who was still seated on the couch in his handcuffs, began moving his arms behind his back. An ESU officer then walked over to him and stood him up from the couch. The officer walked [redacted] a couple of steps away from the couch when all of a sudden, a second ESU officer allegedly hit [redacted] on the head with a blunt instrument (allegation B). [redacted] fell down to the floor and he was bleeding from his head. An officer then quickly pulled down part of the back of his boxers (allegation C). Det. Robert Goldstein began treating the wound while ESU finished securing the apartment. After they had done so, officers from the 114th Precinct entered the location. [redacted] was removed from the apartment and taken by ambulance to [redacted]. When [redacted] returned to his apartment, he saw that officers had searched it. [redacted] also saw that the apartment was in disarray and that some dressers were broken and that there was a hole in the couch (allegation D). Read report for details.


Details

Incident: July 26, 2007
Received: July 27, 2007
Closed: January 11, 2008

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 114th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Robert Brager, Sean Cyrus, Robert Goldstein, Thomas Longa, Marc Nell