| Officer: | Capellan, Gary |
|---|---|
| Complainant: | Hispanic Male, 53 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Exonerated |
| Officer: | Capellan, Gary |
| Complainant: | Hispanic Male, 53 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Investigator Recommendation: | Substantiated |
| CCRB Board Conclusion: | Exonerated |
| Officer: | Capellan, Gary |
| Complainant: | Hispanic Male, 53 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Capellan, Gary |
| Complainant: | Hispanic Male, 53 |
| Allegation: | Abuse of Authority: Property damaged |
| CCRB Investigator Recommendation: | Unsubstantiated |
| CCRB Board Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Capellan, Gary |
| Complainant: | Hispanic Male, 53 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Capellan, Gary |
| Complainant: | Hispanic Male, 53 |
| Allegation: | Force: Other |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Unknown Officer |
| Complainant: | Hispanic Male, 50-54 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Officer(s) Unidentified |
| Officer: | Capellan, Gary |
| Complainant: | Hispanic Male, 53 |
| Allegation: | Force: Physical force |
| CCRB Investigator Recommendation: | Unsubstantiated |
| CCRB Board Conclusion: | Substantiated (Command Discipline A) |
| Officer | Complainant | Allegation | CCRB Board Conclusion |
|---|---|---|---|
| Capellan, Gary | Hispanic Male, 53 | Abuse of Authority: Stop | Exonerated |
| Capellan, Gary | Hispanic Male, 53 | Abuse of Authority: Search (of person) | Exonerated |
| CCRB Investigator Recommendation: Substantiated | |||
| Capellan, Gary | Hispanic Male, 53 | Discourtesy: Word | Unsubstantiated |
| Capellan, Gary | Hispanic Male, 53 | Abuse of Authority: Property damaged | Substantiated (Command Discipline A) |
| CCRB Investigator Recommendation: Unsubstantiated | |||
| Capellan, Gary | Hispanic Male, 53 | Abuse of Authority: Threat of force (verbal or physical) | Unsubstantiated |
| Capellan, Gary | Hispanic Male, 53 | Force: Other | Unsubstantiated |
| Unknown Officer | Hispanic Male, 50-54 | Force: Physical force | Officer(s) Unidentified |
| Capellan, Gary | Hispanic Male, 53 | Force: Physical force | Substantiated (Command Discipline A) |
| CCRB Investigator Recommendation: Unsubstantiated | |||
Further details on conclusions.
This case was delayed due to difficulties with officer identification. The officer descriptions that [redacted] provided (uniformed) were inconsistent with the officers' assignment (SNEU is generally in plainclothes). Additionally, there was an overall lack of documentation of the stop excepting PO Capellan's memo book entry. There was no stop and frisk report, arrest, summons, SPRINT, or warrant check.
On April 28, 2015 at approximately 11:20 am, PO Adam Acosta and PO Carlos Pineda were assigned to a 46th Precinct Street Narcotics Enforcement Unit observation post on the roof of 125 Mt. Hope Place in the Bronx. Either PO Acosta or PO Pineda relayed a description of a male Hispanic wearing a green hoodie and a green and yellow jacket walking east on 176th Street to the chase team saying that he was involved in a hand-to-hand drug transaction. PO Gary Capellan, PO Rafael Guzman, and PO Rafael Perdomo also of the 46th Precinct were assigned to the chase team.
[redacted] was walking on 176th Street between Clay Avenue and Monroe Avenue wearing a lined gray and green hoodie, a green long sleeved shirt, a green hat with the brim turned backwards, a small pouch hanging diagonally under his shirt, a black and gray winter vest, and green glasses when PO Capellan stopped him (Allegation A). PO Capellan allegedly placed [redacted] in a bear hug and [redacted] threw his elbows back a little in an attempt to get PO Capellan off him but he was unable to move much. [redacted] had trouble breathing and told PO Capellan "why are you grabbing me so hard, I'm starting not to breathe" (Allegation B). PO Guzman pulled at [redacted]'s left wrist. None of the police officers identified themselves as such but by this point [redacted] understood that they were members of the NYPD because they were dressed in uniform. [redacted] asked why PO Guzman was pulling on his hand and PO Capellan allegedly said "shut the fuck up" (Allegation C).
PO Capellan allegedly slammed [redacted] against a wall, which caused a bruise to his head and his...
Read report for details.