Complaint #201504644,
June 8, 2015

Officer: Gili, Richard
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gonzalez, Yaris
Complainant: Hispanic Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Espenberg, Artur
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gonzalez, Yaris
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gonzalez, Yaris
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Espenberg, Artur
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Gonzalez, Yaris
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gonzalez, Yaris
Complainant: Hispanic Male, 39
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gentile, Giuseppe
Complainant: Hispanic Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Gili, Richard Hispanic Male, 39 Abuse of Authority: Refusal to provide name/shield number Substantiated (Formalized Training)
Gonzalez, Yaris Hispanic Male, 39 Discourtesy: Word Substantiated (Command Discipline A)
Espenberg, Artur Hispanic Male, 39 Abuse of Authority: Refusal to provide name/shield number Substantiated (Formalized Training)
Gonzalez, Yaris Hispanic Male, 39 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline A)
Gonzalez, Yaris Hispanic Male, 39 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Espenberg, Artur Hispanic Male, 39 Abuse of Authority: Threat of arrest Exonerated
Gonzalez, Yaris Hispanic Male, 39 Abuse of Authority: Other Substantiated (Command Discipline B)
Gonzalez, Yaris Hispanic Male, 39 Abuse of Authority: Other Substantiated (Command Discipline B)
Gentile, Giuseppe Hispanic Male, 39 Discourtesy: Word Substantiated (Formalized Training)

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Summary

On June 8, 2015, at approximately 10:47 p.m., in the vicinity of East 102nd Street between Second and Third Avenues in Manhattan, [redacted] was recording an interaction between officers, including PO Yaris Gonzalez, PO Richard Gili, and PO Artur Espenberg from the Housing Bureau Manhattan Impact Response Team, and an unidentified civilian who the officers suspected of violating open container laws. [redacted] alleged the following: PO Gonzalez threatened to arrest him (Allegation A). [redacted] asked her for her name and shield number, and she did not provide this information (Allegation B). [redacted] also asked PO Gili and PO Espenberg for their names and shield numbers, and they did not provide their information (Allegations C and D). PO Espenberg threatened to arrest [redacted] (Allegation E). PO Gonzalez called him a "fucking dick" (Allegation F).
On June 17, 2015, at approximately 9:04 p.m., in the vicinity of East 102nd Street between Second and Third Avenues in Manhattan, [redacted] approached a group of officers, including PO Gonzalez and PO Giuseppe Gentile from the Housing Bureau Manhattan Impact Response Team. [redacted] alleged the following: PO Gonzalez called [redacted] a "fucking pussy" and a "fucking loser" (subsumed in Allegation F). PO Gonzalez took his phone, interfering with his ability to record the incident (Allegation G). PO Gonzalez placed him in handcuffs and detained him for 45 minutes (Allegation H). PO Gentile called [redacted] a "fucking loser" (Allegation I).
[redacted] provided a video from each incident date. The video from the first incident was edited by [redacted] to shorten the length of the video from 27:00 to 7:44. The content of the shorter version is consistent with the longer, and will be referenced throughout this report (Board Review 1). The video of the incident on June 17, 2015, is 47:00 in length (Board Review 2). Read report for details.


Details

Incident: June 8, 2015
Received: June 9, 2015
Closed: September 26, 2015

Reason for contact: Other
Location: Street/highway
In NYPD 23rd Precinct Manhattan
Outcome: No arrest made or summons issued

Video evidence collected