Complaint #201502957,
April 17, 2015

Officer: Gervasio, Daniel
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Gervasio, Daniel
Complainant: Black Female, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Miguel
Complainant: Black Male, 55
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Gervasio, Daniel
Complainant: Black Male, 55
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Charges)
Officer: Gervasio, Daniel
Complainant: Black Male, 55
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Kuhnapfel, Richard
Complainant: Black Male, 55
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gervasio, Daniel
Complainant: Black Female, 52
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Gervasio, Daniel Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Gervasio, Daniel Black Female, 52 Discourtesy: Word Substantiated (Charges)
Nunez, Miguel Black Male, 55 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Lvl Instructions)
Gervasio, Daniel Black Male, 55 Abuse of Authority: Refusal to provide name/shield number Substantiated (Charges)
Gervasio, Daniel Black Male, 55 Force: Physical force Substantiated (Charges)
Kuhnapfel, Richard Black Male, 55 Force: Physical force Substantiated (Formalized Training)
Gervasio, Daniel Black Female, 52 Abuse of Authority: Property damaged Substantiated (Charges)

Conclusion Meanings:

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

Further details on conclusions.


Penalty

Gervasio, Daniel
Forfeit vacation 10 days
Closed: Resolved by plea, June 1, 2016
APU Guilty
Forfeit vacation 10 days

Summary

On April 17, 2015, at approximately 6:35 a.m., officers from the New York/ New Jersey Regional Fugitive Task Force, a sub-unit of the Warrant Section, arrived at [redacted] s apartment at [redacted] in Brooklyn, in search of [redacted] who had an open I-Card and bench warrant. [redacted] was home with her husband, [redacted] and her son, [redacted] Officers led by Sgt. Daniel Gervasio forcibly entered [redacted] s residence through her terrace door and the front door, breaking her terrace door lock and a closet door (Allegations A and B). At the terrace door, Sgt. Gervasio told [redacted] "I'm the fucking police" (Allegation C). Sgt. Gervasio and Det. Richard Kuhnapfel entered through the terrace door. Sgt. Gervasio grabbed both of [redacted] s wrists, turned him around, Det. Kuhnapfel held the right side of [redacted] s body and both officers pushed him chest down onto the bed in front of him (Allegations D and E). Det. Miguel Nunez and Sgt. Gervasio failed to provide [redacted] with their shield numbers (Allegations F and G). The officers left without arresting or summonsing anyone.
CCRB case number 201502972 includes allegations involving the same officers and their entry into [redacted] residence at [redacted] in Brooklyn on the same date. Read report for details.


Details

Incident: April 17, 2015
Received: April 20, 2015
Closed: December 21, 2015

Reason for contact: Execution of arrest/bench warrant
Location: Apartment/house
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: John Fogelman, James Lusk, James Picicci
Video evidence collected