Complaint #201507246,
January 22, 2015

Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Gukelberger, Daniel
Complainant: Black Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gukelberger, Daniel
Complainant: Black Male, 20
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gukelberger, Daniel
Complainant: Black Male, 20
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Glueckert, Kyle
Complainant: Black Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gukelberger, Daniel
Complainant: Black Male, 20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 21-24 Force: Gun Pointed Exonerated
Gukelberger, Daniel Black Male, 21 Abuse of Authority: Stop Substantiated (Command Discipline B)
Gukelberger, Daniel Black Male, 20 Force: Gun Pointed Substantiated (Command Discipline B)
Gukelberger, Daniel Black Male, 20 Abuse of Authority: Vehicle stop Substantiated (Command Discipline B)
Unknown Officer Black Male, 18-20 Force: Physical force Officer(s) Unidentified
Unknown Officer Black Male, 18-20 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Unknown Officer Black Male, 18-20 Discourtesy: Word Officer(s) Unidentified
Glueckert, Kyle Black Male, 21 Abuse of Authority: Stop Substantiated (Command Discipline B)
Gukelberger, Daniel Black Male, 20 Abuse of Authority: Other Substantiated (Command Discipline B)

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.

Further details on conclusions.


Penalties

Gukelberger, Daniel
Command Discipline - A

Glueckert, Kyle
No Disciplinary Action-DUP
No penalty

Summary

At approximately 9:04 p.m. on January 22, 2015, [redacted] left his house, located on [redacted] in Queens. [redacted] was headed to meet his friends, [redacted] and [redacted] who were waiting in [redacted]'s car one block north. As he began walking in their direction, two officers identified through investigation as PO Daniel Gukelberger and PO Kyle Glueckert of the 103rd Precinct, pulled alongside him in an unmarked vehicle. As part of an investigation into a nearby burglary, PO Gukelberger exited and made a brief statement, prompting [redacted] to run away at a high rate of speed. PO Gukelberger and PO Glueckert immediately pursued [redacted] on foot (Allegations A and B) until they reached [redacted]'s vehicle. Seconds after [redacted] entered the back seat of the car, PO Gukelberger caught up and grabbed him in an attempt to remove him from the vehicle. PO Gukelberger pointed his gun at both [redacted] and [redacted] (Allegation C) while instructing them to stop (Allegation D). However, [redacted] drove away, forcing PO Gukelberger to release [redacted].
After PO Gukelberger called for backup over the radio, other officers pursued the civilians for several blocks and stopped their vehicle. Numerous unidentified officers approached the vehicle on foot, allegedly with guns drawn and pointed at all four civilians (Allegation E). The civilians subsequently exited their vehicle and were placed on the ground. Before being handcuffed, an unidentified officer allegedly stood over [redacted] with his gun pointed down at him (subsumed within Allegation E) while stating, "Don't fucking move or I'll shoot you" and "If there's something sharp in your pocket and it pokes me, I'm gonna stab you with it" (Allegations F and G). Immediately thereafter, multiple unidentified officers allegedly grabbed the back of [redacted]'s shirt and dragged him several feet forward before lifting him so that he was fully suspended and dropping him onto his stomach (Allegation H). Simultaneously, a separate set of unidentified officers... Read report for details.


Details

Incident: January 22, 2015
Received: August 26, 2015
Closed: December 21, 2015

Reason for contact: Report of other crime
Location: Street/highway
In NYPD 103rd Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Edwin Ferreira