Complaint #201116483, December 2011

Incident: December 22, 2011
Received: December 27, 2011
Closed: May 22, 2013


Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 114th Precinct Queens
Outcome: Arrest - OGA

Witness Officers: Michael Thompson
Officer: Gutierrez, Luis
Complainant: Hispanic Female, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gutierrez, Luis
Complainant: Hispanic Female, 20
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Luis
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline)
Officer: Gutierrez, Luis
Complainant: Hispanic Female, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Luis
Complainant: Hispanic Female, 20
Allegation: Offensive Language: Gender
CCRB Conclusion: Unsubstantiated
Officer: Mantuano, Humberto
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline)
Officer Complainant Allegation CCRB Conclusion
Gutierrez, Luis Hispanic Female, 20 Force: Physical force Exonerated
Gutierrez, Luis Hispanic Female, 20 Force: Pepper spray Unsubstantiated
Gutierrez, Luis Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline)
Gutierrez, Luis Hispanic Female, 20 Discourtesy: Word Unsubstantiated
Gutierrez, Luis Hispanic Female, 20 Offensive Language: Gender Unsubstantiated
Mantuano, Humberto Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline)

Penalties

Gutierrez, Luis
No Disciplinary Action-DUP
No penalty

Mantuano, Humberto
No Disciplinary Action-DUP
No penalty


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.