| Officer: | Guimaraes, Fernando |
|---|---|
| Complainant: | Hispanic Male, 18 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Unfounded |
| Officer: | Leitao, Anthony |
| Complainant: | Hispanic Male, 18 |
| Allegation: | Force: Gun Pointed |
| CCRB Conclusion: | Exonerated |
| Officer: | Davila, Julio |
| Complainant: | Hispanic Male, 18 |
| Allegation: | Force: Pepper spray |
| CCRB Conclusion: | Exonerated |
| Officer: | Leitao, Anthony |
| Complainant: | Hispanic Male, 18 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Exonerated |
| Officer: | Unknown Officer |
| Complainant: | Hispanic Male, 18-20 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Officer(s) Unidentified |
| Officer: | Unknown Officer |
| Complainant: | Hispanic Male, 18-20 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Guimaraes, Fernando | Hispanic Male, 18 | Abuse of Authority: Threat of force (verbal or physical) | Unfounded |
| Leitao, Anthony | Hispanic Male, 18 | Force: Gun Pointed | Exonerated |
| Davila, Julio | Hispanic Male, 18 | Force: Pepper spray | Exonerated |
| Leitao, Anthony | Hispanic Male, 18 | Abuse of Authority: Frisk | Exonerated |
| Unknown Officer | Hispanic Male, 18-20 | Discourtesy: Word | Officer(s) Unidentified |
| Unknown Officer | Hispanic Male, 18-20 | Force: Physical force | Exonerated |
Further details on conclusions.
[redacted] is an [redacted]-old Hispanic male with black eyes and black hair. He is 5'7" tall and weighs 150 pounds. [redacted] provided statements to medical staff on February 16, 2008, and an official statement to the CCRB on March 13, 2008 (encl. 8D).
[redacted] stated that on February 16, 2008, at approximately 8:00 PM, he was at a Shell gas station at the corner of Virginia Avenue and Bruckner Boulevard in the Bronx. He had been looking for a particular drink, which the Shell station did not have. [redacted] exited the gas station and drove the wrong way on Virginia Avenue before making a right onto Bruckner Boulevard. [redacted] drove one block and pulled into another gas station at the corner of White Plains Road and Bruckner Boulevard. He did not notice any cars behind him, nor was he aware of any police presence. He exited his vehicle and saw PO1, identified through investigation as PO Anthony Leitao, approaching from the rear of his car. PO Leitao was a white or Hispanic male who was 6 feet tall, 230 pounds, and had short hair. [redacted] could not describe him further. PO Leitao pointed his gun at [redacted] face (Allegation A) and said, "Get back in your car." A second officer, PO2, identified through investigation as Lt. Fernando Guimaraes, was on the other side of [redacted] car. Lt. Guimaraes was a white or Hispanic male; [redacted] could not describe him further.
[redacted] entered his car as directed. He reached into his pocket to take out his wallet and identification. [redacted] heard Lt. Guimaraes say something. PO Leitao grabbed [redacted] by his sweatpants, causing them to fall down. PO Leitao patted [redacted] down and reached his hand inside the rear waistband of his boxers (Allegation B). Both officers then pushed [redacted] against the car, causing his face and shoulder to impact the car's side. [redacted] was trying to turn around to see what was happening and PO Leitao said, "relax, calm down." One of the officers, [redacted] was not sure who, placed a handcuff on his left wrist....
Read report for details.