Complaint #201509979,
September 30, 2015

Officer: Unknown Officer
Complainant: Black Female, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Cavallaro, Charles
Complainant: Black Male, 25
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gembecki, Brandon
Complainant: Black Male, 25
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Gembecki, Brandon
Complainant: Black Male, 25
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Gembecki, Brandon
Complainant: Black Male, 25
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Cavallaro, Charles
Complainant: Black Male, 25
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Lundy, James
Complainant: Black Male, 25
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Landesberg, Adam
Complainant: Black Male, 25
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Cavallaro, Charles
Complainant: Black Male, 25
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 21-24
Allegation: Offensive Language: Gender
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Gembecki, Brandon
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Landesberg, Adam
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Lundy, James
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Cavallaro, Charles
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Female, 21-24 Discourtesy: Word Unsubstantiated
Cavallaro, Charles Black Male, 25 Abuse of Authority: Stop Exonerated
Gembecki, Brandon Black Male, 25 Abuse of Authority: Frisk Exonerated
Gembecki, Brandon Black Male, 25 Abuse of Authority: Search (of person) Unsubstantiated
Gembecki, Brandon Black Male, 25 Abuse of Authority: Retaliatory summons Substantiated (Formalized Training)
Cavallaro, Charles Black Male, 25 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Lundy, James Black Male, 25 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Landesberg, Adam Black Male, 25 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Cavallaro, Charles Black Male, 25 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Unknown Officer Black Female, 21-24 Offensive Language: Gender Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Gembecki, Brandon Black Male, 25 Discourtesy: Word Unsubstantiated
Landesberg, Adam Black Male, 25 Discourtesy: Word Unsubstantiated
Lundy, James Black Male, 25 Discourtesy: Word Unsubstantiated
Cavallaro, Charles Black Male, 25 Discourtesy: Word Unsubstantiated

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.
'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.


Penalty

Gembecki, Brandon
Formalized Training

Summary

On September 30, 2015 at approximately 3:10 p.m., [redacted] and [redacted] purchased items at a deli and began walking home. In the vicinity of Valentine Avenue and East 194th Street in Bronx, [redacted] was stopped by Sgt. Charles Cavallaro, PO Brandon Gembecki, PO Adam Landesberg, and PO James Lundy, all from the 52nd Precinct, for fitting the description of a wanted homicide suspect (Allegation A).
[redacted] alleged that Sgt. Cavallaro frisked and searched him, but the investigation determined that PO Gembecki was the officer who frisked and searched [redacted] (Allegations B and C). PO Gembecki recovered marijuana from [redacted] pants pocket. After the officers placed [redacted] inside their patrol vehicle to transport him to the stationhouse, [redacted] who had followed the officers and [redacted] touched the handle of one of the patrol vehicle's doors, and was handcuffed and transported to the stationhouse as well.
En route to the 52nd Precinct stationhouse, Sgt. Cavallaro allegedly spoke discourteously to [redacted] and [redacted] (Allegation D) and allegedly spoke offensively to [redacted] (Allegation E). Additionally, PO Gembecki, PO Landesberg, and PO Lundy allegedly made discourteous statements toward [redacted] and [redacted] (Allegations F through H). One of the officers, [redacted] could not recall who, allegedly called her a "bitch" (Allegation I). At the stationhouse, an officer allegedly made additional discourteous statements toward [redacted] (Allegation J). Throughout the incident, Sgt. Cavallaro, PO Landesberg, and PO Lundy allegedly refused to provide their shield numbers to [redacted] and [redacted] (Allegations K through M).
[redacted] was released from the stationhouse with a summons for [redacted] and a summons for [redacted] (Allegation N), both of which were dismissed (Board Review 01 and Board Review 02). [redacted] was released with a summons for [redacted] which according to [redacted] was also dismissed. [redacted] Read report for details.


Details

Incident: September 30, 2015
Received: November 23, 2015
Closed: June 6, 2016
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Commercial building
In NYPD 52nd Precinct Bronx
Outcome: Summons - disorderly conduct