Complaint #201400251,
November 28, 2013

Officer: Garcia, Daniel
Complainant: White Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Garcia, Daniel
Complainant: White Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Garcia, Daniel
Complainant: White Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Garcia, Daniel White Male, 24 Force: Physical force Substantiated (Charges)
Garcia, Daniel White Male, 24 Discourtesy: Word Unfounded
Garcia, Daniel White Male, 24 Discourtesy: Word Unfounded

Conclusion Meanings:

'Substantiated': The misconduct 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.

Further details on conclusions.


Penalty

Garcia, Daniel
Closed: Previously adjudicated, with discipline, March 10, 2015
APU Closed: Previously adjudicated, with discipline

Summary

On November 28, 2013, [redacted] was intoxicated and was in some type of an altercation in front of Bourbon Street Pub, located at 42-12 Bell Boulevard in Queens, when PO Kevin Golden and PO Daniel Garcia, both of the 111th Precinct, approached him. [redacted] resisted arrest and while he was on the ground, PO Garcia stomped on him three times (Allegation A). It was alleged that while PO Garcia stomped on [redacted] he said "I'll fuck you up" (Allegation B). It was also alleged that at the 111th Precinct stationhouse, PO Garcia called [redacted] a "motherfucker" and told him to go "fuck" himself (Allegation C). [redacted] was arrested for [redacted] (encl. 5 W-Y). [redacted] There is a video of this incident (located in IA #45; transcription encl. 3 I). It was taken by a friend of [redacted] s friend, known only to him as '[redacted] The video was provided to the CCRB by [redacted] s attorney, [redacted] [redacted] Read report for details.


Details

Incident: November 28, 2013
Received: January 9, 2014
Closed: March 10, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 111th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Romeo Francis, Kevin Golden, Kevin Zweigbaum
Video evidence collected