Complaint #201407942,
July 30, 2014

Officer: Montesdeoca, Gustavo
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Montesdeoca, Gustavo Hispanic Male, 22 Force: Physical force Substantiated (Command Discipline B)
Unknown Officer Hispanic Male, 21-24 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Exonerated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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

Montesdeoca, Gustavo
Command Discipline - A

Summary

On July 29, 2014, at an unknown time, [redacted] tried to be admitted to a detoxification program in the Bronx but was rejected since the location was full. [redacted] then traveled from the Bronx to the Washington Square Diner located at 150 West 4th Street in Manhattan to get something to eat. [redacted] arrived at the diner around 4:30 a.m. on July 30, 2014. [redacted] became involved in an altercation with a woman and two brothers at the Washington Square Diner. [redacted] told the two brothers that he was a police officer. The police were called over to the diner and PO Gustavo Montes de Oca, PO Joseph Vincent, PO Kenton Grant and PO Robert Dussel of the 6th Precinct responded to the diner. [redacted] was arrested for impersonating a police officer. During his arrest, [redacted] fell to the floor. On the floor, officers allegedly kicked [redacted] in the ribs, legs and left arm, stepped on his ankles, and punched him in the ribs (Allegation A). When [redacted] looked up, PO Montes de Oca punched [redacted] in the left eye (Allegation B). Officers then allegedly dragged him across the diner (within Allegation A). [redacted] was then placed in a police car and transported to the 6th Precinct stationhouse. Read report for details.


Details

Incident: July 30, 2014
Received: August 5, 2014
Closed: June 30, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 6th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Robert Dussel, Kenton Grant, Joseph Vincent