Complaint #200717254,
November 28, 2007

Officer: Clarke, Leonard
Complainant: Black Male, 22
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Clarke, Leonard
Complainant: Black Male, 22
Allegation: Abuse of Authority: Vehicle search
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Clarke, Leonard
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Gugliucci, Thomas
Complainant: Black Male, 22
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Complaint Withdrawn
Officer Complainant Allegation CCRB Board Conclusion
Clarke, Leonard Black Male, 22 Abuse of Authority: Vehicle stop Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Clarke, Leonard Black Male, 22 Abuse of Authority: Vehicle search Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Clarke, Leonard Black Male, 22 Force: Physical force Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Gugliucci, Thomas Black Male, 22 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer Black Male, 18-20 Abuse of Authority: Property damaged Complaint Withdrawn

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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

Clarke, Leonard
No Disciplinary Action-DUP
Command Discipline - B

Summary

On November 28, 2007, at approximately 2:45pm, [redacted]'s friend, [redacted] was dropping him off at the car shop on Coney Island Avenue in Brooklyn where [redacted]'s car was ready to be picked up from being serviced. As [redacted] were driving down Ocean Avenue, between Dorchester Road and Newkirk Avenue, in Brooklyn, they saw two police officers in a marked police van in the opposite lane. The officers also saw [redacted] who continued driving towards Beverly Road. [redacted] made a right turn onto Beverly Road. The police van made a U-Turn on Ocean Avenue and followed [redacted]'s vehicle for three to four blocks and two traffic lights, and made the turn at the same street where [redacted] turned. The officers chirped the sirens as an indication to pull over the vehicle, which [redacted] did immediately. [redacted] put the car in park, turned off the ignition, and rolled down the driver's side window all the way. [redacted] explained that he was glad that their vehicle was stopped at a busy intersection with many people around otherwise "it could have been a lot worse." A white male officer identified by the investigation as PO Thomas Gugliucci approached the driver's side of [redacted]'s vehicle and a black male officer identified by the investigation as PO Leonard Clarke approached on the passenger side. PO Gugliucci asked [redacted] for his license and registration, which [redacted] provided as he was saying "little things." [redacted] told PO Gugliucci, "You got nothing better to do? You want to stop two black kids. You see us in a car and you make the assumption that we are doing bad." [redacted] never cursed at PO Gugliucci, who replied, "I see you a tough guy." PO Clarke, who was standing right by the front passenger door, did not say or do anything at this point. [redacted] assumed that PO Clarke was just there as back-up. The window by [redacted] was rolled all the way up. [redacted] who was seated in the front passenger seat and was slightly slouched down in the seat, leaned to his left a little... Read report for details.


Details

Incident: November 28, 2007
Closed: February 2, 2009

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 70th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Mike Civil, Albert Lloyd