Complaint #201506154,
July 25, 2015

Officer: Gavin, Joseph
Complainant: Asian Male, 29
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Gavin, Joseph
Complainant: Asian Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (No Recommendations)
Officer: Gavin, Joseph
Complainant: Asian Male, 29
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (No Recommendations)
Officer Complainant Allegation CCRB Conclusion
Gavin, Joseph Asian Male, 29 Abuse of Authority: Question Exonerated
Gavin, Joseph Asian Male, 29 Discourtesy: Word Substantiated (No Recommendations)
Gavin, Joseph Asian Male, 29 Abuse of Authority: Threat of force (verbal or physical) Substantiated (No Recommendations)

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 July 25, 2015, at approximately 10:30 p.m., [redacted] and his friend [redacted] and her boyfriend [redacted] left Risotteria Melotti, a restaurant located at 309 East 5th Street, in Manhattan after having dinner. After they exited the restaurant, [redacted] and [redacted] stopped in front of 315 5th Street to observe a pigeon statue. [redacted] took a receipt that he had been holding and threw it in the general direction of the statue. PO Joseph Gavin, of the 9th Precinct, approached [redacted] and stated, "Hey what the fuck are you doing?" (Allegation A and B). PO Gavin also told [redacted] that he was going to put his fist through his teeth or punch him in the teeth (Allegation B). When [redacted] asked PO Gavin who he was, he responded by saying that he was an off duty officer and if he wasn't an off duty officer he would have taken [redacted] and thrown him through a window (Allegation B continued). PO Gavin then entered the 9th Precinct station house.
[redacted] Read report for details.


Details

Incident: July 25, 2015
Received: July 26, 2015
Closed: December 3, 2015

Reason for contact: Other
Location: Street/highway
In NYPD 9th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Andrew Beirne