Complaint #201506417,
July 31, 2015

Summary

On July 31, 2015, at approximately 7:23 p.m., [redacted] and his friend, [redacted] were standing on the corner of [redacted] in the Bronx and were waiting for [redacted] family to exit [redacted]. Det. Guy Gargano and Det. Mack Lipinski approached the corner in a prisoner van and Det. Gargano observed a glassine of heroin in [redacted] hand. Det. Lipinski allegedly said, "Don't fucking move," (Allegation A) and then placed [redacted] against a wall (Allegation B), where he frisked and searched [redacted] pockets (Allegations C and D) and allegedly removed [redacted] cell phone from his hand and searched through it (Allegation E). Meanwhile, Det. Gargano placed [redacted] against a wall and began to effect his arrest. [redacted] resisted arrest by curling forward and refusing to give Det. Gargano his hands. A physical struggle ensued between [redacted] and Det. Gargano, during which Det. Gargano allegedly attempted to bring [redacted] to the ground by twisting his arm and tripping him (Allegation F). Det. Lipinski came to assist Det. Gargano and allegedly pulled [redacted] right hand behind his back and twisted it (Allegation G), causing [redacted] to release his cell phone. Det. Gargano allegedly wrapped his arm around [redacted] neck from behind (Allegation H), restricting his breathing for one-tenth to one-half a second (Allegation I). [redacted] and the officers then fell to the ground, where they allegedly punched and kicked him, placed their knees in his back, applied pressure to his head against the ground, pulled on his arm, and twisted his hand (Allegations F and G cont'd). The officers allegedly continued to punch and kick [redacted] after he was handcuffed (Allegations F and G cont'd). After [redacted] was handcuffed, Det. Gargano frisked [redacted] on two separate occasions (Allegation J). A crowd began to gather at the scene and both officers allegedly made numerous discourteous statements towards [redacted] and [redacted] (Allegations A cont'd, K, L, N, and R) and allegedly threatened to shoot... Read report for details.