Complaint #201505032,
June 11, 2015

Officer: Unknown Officer
Complainant: Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Gallagher, Ian
Complainant: Male, 21
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Gallagher, Ian
Complainant: Male, 21
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Gallagher, Ian
Complainant: Male, 21
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Gallagher, Ian
Complainant: Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Gallagher, Ian
Complainant: Male, 21
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Vassallo, Josue
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Unknown Officer
Complainant: Male, 21-24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 21-24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Male, 21-24 Discourtesy: Word Officer(s) Unidentified
Gallagher, Ian Male, 21 Abuse of Authority: Refusal to provide name/shield number Unfounded
Gallagher, Ian Male, 21 Abuse of Authority: Frisk Substantiated (Formalized Training)
CCRB Investigator Recommendation: Exonerated
NYPD Disposition: No Disciplinary Action-DUP
Gallagher, Ian Male, 21 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Gallagher, Ian Male, 21 Abuse of Authority: Stop Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Gallagher, Ian Male, 21 Abuse of Authority: Retaliatory summons Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Vassallo, Josue Discourtesy: Word Substantiated (Command Lvl Instructions)
Unknown Officer Male, 21-24 Abuse of Authority: Search (of person) Officer(s) Unidentified
Unknown Officer Male, 21-24 Abuse of Authority: Frisk Officer(s) Unidentified
Unknown Officer Male, 21-24 Force: Physical force Exonerated

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.
'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.

Further details on conclusions.


Penalties

Gallagher, Ian
Formalized Training

Vassallo, Josue
Instructions

Summary

On June 11, 2015, at approximately 6:45 p.m., across the street from [redacted] in the Bronx, [redacted] was stopped, and subsequently frisked and searched by PO Ian Gallagher of Patrol Borough Bronx (Allegations A, B, and C). At the time, [redacted] was with his girlfriend, [redacted] and her cousin, [redacted] asked PO Gallagher for identification and PO Gallagher allegedly refused to provide it (Allegation D). [redacted] was recording the incident on her phone, during which PO Josue Vassallo of Patrol Borough Bronx told her, "I told you to record over there, stand over there. Fucking surrounding us." (Allegation E). [redacted] was then brought to the ground (Allegation F), where officers allegedly frisked and searched him (Allegations G and H). Additional officers, including plainclothes officers, responded to the scene. One of the plainclothes officers allegedly told [redacted] "Shut the fuck up, it's understandable, I don't give a fuck, whatever happens is what's going to happen and we're gonna take you to the precinct, that's what we're here for. We not trying to hear shit you're saying." (Allegation I). [redacted] was arrested as a result of the incident, charged with resisting arrest and obstructing governmental administration, and issued a summons for jaywalking (Allegation J). During the CCRB's investigation of the allegations, it was determined that there is evidence suggesting PO Victor Yupa of Patrol Borough Bronx provided a false official statement to the CCRB regarding this incident (Allegation K).
The video recorded by [redacted] was provided to the CCRB by [redacted]. It shows eight minutes of the officers' interaction with [redacted] (BR 06). Two other short videos of the incident were obtained from [redacted] but both were from farther away and of very low quality. Read report for details.


Details

Incident: June 11, 2015
Received: June 19, 2015
Closed: January 7, 2016

Reason for contact: Other
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Joshua Healy, Rahmaan Wiltshire, Victor Yupa
Video evidence collected