Complaint #200805929, April 2008

Incident: April 9, 2008
Received: April 25, 2008
Closed: July 29, 2009


Reason for contact: EDP aided case
Location: Public space/building
In NYPD 33rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Genner Gomez
Officer: Gutierrez, Nikaulys
Complainant: Hispanic Male, 54
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cheng, Keith
Complainant: Hispanic Male, 54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Romero, Pedro
Complainant: Hispanic Male, 54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Aguirre, Alexis
Complainant: Hispanic Male, 54
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Mcinerney, James
Complainant: Hispanic Male, 54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Gutierrez, Nikaulys Hispanic Male, 54 Force: Physical force Unsubstantiated
Cheng, Keith Hispanic Male, 54 Force: Physical force Exonerated
Romero, Pedro Hispanic Male, 54 Force: Physical force Exonerated
Aguirre, Alexis Hispanic Male, 54 Force: Physical force Substantiated (Charges)
Mcinerney, James Hispanic Male, 54 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 50-54 Discourtesy: Word Unfounded

Penalty

Aguirre, Alexis
Plead Guilty - DCT
Suspension: 30 days / Vacation: 30 days


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct 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' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.