Complaint #201509083,
October 23, 2015

Officer: Gutierrez, Noel
Complainant: Male, 30
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Noel
Complainant: Male, 30
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gutierrez, Noel
Complainant: Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Powell, Dwight
Complainant: Male, 30
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Powell, Dwight
Complainant: Male, 30
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Powell, Dwight
Complainant: Male, 30
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Powell, Dwight
Complainant: Male, 30
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Powell, Dwight
Complainant: Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Burke, James
Complainant: Male, 30
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Burke, James
Complainant: Male, 30
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Burke, James
Complainant: Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Powell, Dwight
Complainant: Male, 30
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gutierrez, Noel
Complainant: Male, 30
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Gutierrez, Noel Male, 30 Abuse of Authority: Vehicle stop Unsubstantiated
Gutierrez, Noel Male, 30 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline B)
Gutierrez, Noel Male, 30 Discourtesy: Word Unsubstantiated
Powell, Dwight Male, 30 Abuse of Authority: Vehicle stop Unsubstantiated
Powell, Dwight Male, 30 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Powell, Dwight Male, 30 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Powell, Dwight Male, 30 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline A)
Powell, Dwight Male, 30 Discourtesy: Word Unsubstantiated
Burke, James Male, 30 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline A)
Burke, James Male, 30 Abuse of Authority: Vehicle stop Unsubstantiated
Burke, James Male, 30 Discourtesy: Word Unsubstantiated
Powell, Dwight Male, 30 Abuse of Authority: Stop Substantiated (Command Discipline A)
Gutierrez, Noel Male, 30 Abuse of Authority: Stop Substantiated (Command Discipline B)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalties

Gutierrez, Noel
Command Discipline - A

Burke, James
Command Level Instructions

Powell, Dwight
Command Discipline - A

Summary

At approximately 2:19 a.m. on October 23, 2015, [redacted] was in the back of an unmarked livery cab heading southbound on Broadway when an unmarked police car containing three officers—identified as Sgt. Noel Gutierrez, PO Dwight Powell, and PO James Burke of the 33rd Precinct-pulled them over between West 152nd and West 153rd Street in Manhattan (Allegations A, B, and C). As PO Burke spoke to the unidentified driver of the cab, Sgt. Gutierrez and PO Powell stood by the rear passenger's side door and spoke to [redacted]. After brief conversation, PO Powell and Sgt. Gutierrez instructed [redacted] to step out of the car (Allegations D and E), which [redacted] did. PO Powell then frisked [redacted] (Allegation F) before allegedly entering his pants and jacket pockets (Allegation G). Without recovering any items, the officers walked back to their car, at which point [redacted] asked them for their information. Without providing any information, all three officers allegedly replied "I ain't showing you shit" (Allegations H, I, J, K, L, and M). After a brief further exchange on the matter, the officers departed without issuing any summonses to [redacted] or the driver, or making any arrests. Read report for details.


Details

Incident: October 23, 2015
Closed: February 24, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 33rd Precinct Manhattan
Outcome: No arrest made or summons issued

Video evidence collected