Complaint #201308931,
September 23, 2013

Officer: Gervasio, Daniel
Complainant: White Male, 61
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gervasio, Daniel
Complainant: White Male, 61
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Servedio, Leonard
Complainant: White Male, 61
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Gervasio, Daniel White Male, 61 Force: Physical force Exonerated
Gervasio, Daniel White Male, 61 Discourtesy: Word Unsubstantiated
Servedio, Leonard White Male, 61 Force: Physical force Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'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.


Summary

On September 23, 2013, at approximately 3:50 p.m., [redacted] exited a Cohen's eyeglasses store located at 22-19 31st Street in Queens. [redacted] was wanted by the police for his involvement in prior unrelated incidents. [redacted] crossed to the other side of 31st Street, on his way to the Ditmars Boulevard train station. When he reached the parked vehicles on the other side of the street, [redacted] heard the screeching tires of a vehicle behind him. SGT Daniel Gervasio, of the Regional Fugitive Task Force, exited the vehicle, which was an unmarked SUV. [redacted] continued walking towards the sidewalk, with the intention of turning himself in once he reached the sidewalk. When [redacted] reached the edge of the sidewalk, in front of 22-36 31st Street, LT Leonard Servedio, of the Regional Fugitive Task Force, wrapped his arms around [redacted]s body and allegedly threw him to the ground (Allegation A). LT Servedio put his knee on top of [redacted]s back and allegedly pushed [redacted]s head downwards into the pavement once. SGT Gervasio allegedly punched [redacted] several times on his left ear (Allegation B). Shackles were placed on [redacted]s arms and legs, and he was placed inside SGT Gervasio's vehicle. As he was being placed inside the vehicle, SGT Gervasio allegedly said, "You're a real piece of shit," to [redacted] (Allegation C). [redacted] was transported to the 114th Precinct stationhouse for arrest processing. Read report for details.


Details

Incident: September 23, 2013
Received: September 24, 2013
Closed: February 23, 2015

Reason for contact: Execution of arrest/bench warrant
Location: Street/highway
In NYPD 114th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Sheldon Franklyn