Complaint #200813707, September 2008

Incident: September 21, 2008
Received: September 22, 2008
Closed: January 14, 2010


Reason for contact: Execution of arrest/bench warrant
Location: Commercial building
In NYPD 104th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: William Arata, William Chu, Fizgeralda Herndonsoto, Angel Lopez, Louis Marinacci, Ernesto Nieves, Fredy Sanchez, Jude Sciarillo, John Sloan
Officer: Arroyo, Jaime
Complainant: White Female, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Arroyo, Jaime
Complainant: White Female, 20
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Gross, David
Complainant: White Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gross, David
Complainant: White Male, 23
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Gross, David
Complainant: White Male, 23
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Substantiated (Charges)
Officer: Gross, David
Complainant: White Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Gross, David
Complainant: White Male, 23
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Arroyo, Jaime White Female, 20 Discourtesy: Word Unsubstantiated
Arroyo, Jaime White Female, 20 Abuse of Authority: Threat of arrest Unsubstantiated
Gross, David White Male, 23 Discourtesy: Word Unsubstantiated
Gross, David White Male, 23 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Gross, David White Male, 23 Force: Other blunt instrument as a club Substantiated (Charges)
Gross, David White Male, 23 Force: Physical force Substantiated (Charges)
Gross, David White Male, 23 Force: Gun Pointed Exonerated

Penalty

Gross, David
Not Guilty - DCT
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.
'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.