Complaint #201400759,
January 20, 2014

Officer: Guerriere, Darren
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Guerriere, Darren
Complainant: Hispanic Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Rene, David
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Maguire, John
Complainant: Hispanic Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Guerriere, Darren Hispanic Male, 22 Force: Physical force Substantiated (Charges)
Guerriere, Darren Hispanic Male, 17 Discourtesy: Word Substantiated (Charges)
Rene, David Hispanic Male, 22 Force: Physical force Unfounded
Unknown Officer Hispanic Male, 15-17 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Hispanic Male, 15-17 Abuse of Authority: Threat of arrest Unfounded
Maguire, John Hispanic Male, 22 Discourtesy: Word Substantiated (Charges)

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalties

Guerriere, Darren
Closed: MOS Retired, October 15, 2015
APU Closed: MOS Retired

Maguire, John
Closed: Previously adjudicated, with discipline, December 5, 2016
APU Previously adjudicated, with discipline
Warned and admonished

Summary

On January 20, 2014, at 4:15 a.m., [redacted] was with his brother [redacted] his cousins [redacted] and [redacted] (last names unknown), and his friend [redacted] outside of a taco stand at Roosevelt Avenue and Elmhurst Avenue in Queens. As they waited for their order, PO John Maguire and PO David Park of Patrol Borough Queens North walked past the group four times and looked at them. [redacted] asked [redacted] what the officers were doing and why they were looking at the group waiting for food. [redacted] told [redacted] to ignore them.
The fourth time the officers walked past, PO Maguire said, “Enjoy your tacos, you little punk" (Allegation A). [redacted] became highly irate after PO Maguire made this statement, which was captured in video provided by IAB (attached to IA numbers 156, 158, and 159). In those videos, PO Maguire asked [redacted] multiple times for his identification-requests which [redacted] refused. PO Park issued multiple commands to the group to "take a walk" and not get too close to the officers. [redacted] took out his phone to record the interaction. [redacted] and PO Maguire stood several feet from each other as they spoke.
PO Darren Guerriere and PO David Rene of the 110th Precinct then arrived at the location. PO Guerriere approached [redacted] without saying anything. As [redacted] backed away from PO Maguire, PO Guerriere grabbed the front of [redacted]'s jacket with both hands, pushed [redacted]'s back against a storefront gate, and tackled him to the ground (Allegation B). This was shown in a video taken by [redacted] which was subsequently uploaded to Youtube (encl. 14L, attached to IA #25 and IA #157).
Five officers approached to assist PO Guerriere to handcuff [redacted]. [redacted] screamed that an officer, later identified as PO Guerriere, was punching [redacted] (Allegation B). Approximately 45 seconds after [redacted] ended up on the ground, PO Guerriere punched [redacted] in the side of his body with his right fist approximately four times. Officers issued numerous... Read report for details.


Details

Incident: January 20, 2014
Received: January 24, 2014
Closed: February 26, 2015
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 110th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Robert Bailey, Donald Lee, Miguel Mora, David Park
Video evidence collected