Complaint #200713836,
August 16, 2007

Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Acosta, Daniel
Complainant: Black Male, 33
Allegation: Force: Gun fired
CCRB Conclusion: Substantiated (Charges)
Officer: Brannigan, Brian
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Black Male, 30-34 Force: Gun Pointed Exonerated
Acosta, Daniel Black Male, 33 Force: Gun fired Substantiated (Charges)
Brannigan, Brian Black Male, 31 Force: Physical force Unsubstantiated
Unknown Officer Black Male, 30-34 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Unknown Officer Black Male, 30-34 Force: Physical force 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Acosta, Daniel
Command Discipline - B

Summary

On August 16, 2007, at approximately 1:15am, [redacted] parked his vehicle in the vicinity of East 228th Street and White Plains Road in the Bronx. Also inside the vehicle were [redacted]'s friends [redacted] and [redacted] exited the vehicle to buy some snacks from a convenience store on the corner while [redacted] prepared to smoke some marijuana. At that time, Officer Daniel Acosta approached the vehicle and attempted to grab the marijuana in [redacted]'s possession. [redacted] alleged that he did not know it was an officer and thought he was being robbed. [redacted] tugged back on the marijuana. Officer Acosta pointed his gun at [redacted]. [redacted] said to Officer Acosta, "You going to shoot me over this?" Officer Acosta then fired a round from his department-issued 9mm handgun striking [redacted]'s left thigh (Allegation A). [redacted] began driving away from the scene but grew dizzy from blood loss. [redacted] and [redacted] switched seats and [redacted] drove until he was pulled over by an unmarked vehicle which contained an Anti-Crime team consisting of Officer Brian Brannigan, Officer James Whitlock and Sergeant Robert Barnett, at East 233rd Street and the Bronx River Parkway. Officers allegedly pointed their guns at [redacted] and [redacted] (Allegation B). [redacted] alleged that an unidentified officer stated, "Stop the fucking car or I'll shoot" (Allegations C). [redacted] alleged that he was pulled out of the vehicle by Officer Brannigan and Officer Cotto, and kicked numerous times all about his body (Allegations D and E). [redacted] alleged his shoulder was dislocated. [redacted] was treated for a gunshot wound at [redacted] and s [redacted] was treated at [redacted]. Both individuals were charged with [redacted]. On October 19, 2007, this case was placed on DA hold by the Bronx DA's office. On December 10, 2008, the hold on this case was lifted. Read report for details.


Details

Incident: August 16, 2007
Received: September 22, 2007
Closed: May 26, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Errico Agosta, Robert Barnett, Gabriel Cotto, David Egan, Erik Green, Serge Juste, Stewart Lieber, Robert Mancini, Dominick Triolo, James Whitlock, Brian Williams