Complaint #201403977,
April 17, 2014

Officer: Daly, Michael
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Gomera, Andres
Complainant: Black Male, 30
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Officer(s) Unidentified
Officer: Daly, Michael
Complainant: Black Male, 30
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Other
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Daly, Michael Black Male, 30 Force: Physical force Unsubstantiated
Unknown Officer Black Male, 30-34 Force: Other blunt instrument as a club Unfounded
Unknown Officer Black Male, 30-34 Force: Physical force Unfounded
Gomera, Andres Black Male, 30 Abuse of Authority: Refusal to process civilian complaint Substantiated (Formalized Training)
Unknown Officer Black Male, 30-34 Abuse of Authority: Refusal to process civilian complaint Officer(s) Unidentified
Daly, Michael Black Male, 30 Force: Handcuffs too tight Unfounded
Unknown Officer Black Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Force: Other Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Force: Physical force Officer(s) Unidentified

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.
'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.


Penalty

Gomera, Andres
Formalized Training

Summary

On April 17, 2014, at approximately 1:55 a.m., PO Eleni Donaldson and PO Andres Gomera of Transit Bureau District 12 stopped [redacted] for trespassing into the MTA system after he had been ejected for panhandling. During his interaction with the officers, an unidentified officer allegedly attempted to strike his leg with a baton but missed (allegation A) and another unidentified officer punched him in his face (allegation B). After he was placed in handcuffs, PO Michael Daly of TB DT12 kicked his feet into the patrol car (allegation C). When they arrived at the TB DT12 stationhouse, [redacted] told PO Gomera and an unidentified officer that he wanted to file a complaint. The unidentified officer allegedly responded, "You were out fighting with the cops. You don't get to file a complaint." When he asked another unidentified officer to file a complaint, the officer waved him off as if to dismiss him. None of the officers processed his complaint (allegations D and E). [redacted] alleged that as he was being escorted out of the precinct later that day to go to central booking, PO Daly squeezed the handcuffs onto his wrists and twisted them (allegation F). An unidentified officer took an asp, put it between the chains on [redacted] leg restraints and twisted it, causing his restraints to tighten (allegation G). Another unidentified officer came out of the precinct with a can of pepper spray in his hand and told [redacted] to get into the van. When [redacted] insisted on filing a complaint first, the officer began to shake the pepper spray (allegation H). The same unidentified officer grabbed [redacted] by his legs and pulled him off of the van, causing him to fall on his buttocks (allegation I). [redacted] allegedly sustained a bloody nose, cuts bruises and a backache. He stated that he did not complain of the cuts, bruises and backache while at the stationhouse. Read report for details.


Details

Incident: April 17, 2014
Received: April 24, 2014
Closed: May 11, 2015

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 41st Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Esperanza Barry, Eleni Donaldson, Iris Uceta