Complaint #201601314,
February 13, 2016

Officer: Gutierrez, Manuel
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Manuel
Complainant: Black Male, 32
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Vasco, Christian
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Vasco, Christian
Complainant: Black Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Chokehold
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Other
CCRB Conclusion: Officer(s) Unidentified
Officer: Gutierrez, Manuel
Complainant: Black Male, 32
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Vasco, Christian
Complainant: Black Male, 32
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gutierrez, Manuel Black Male, 32 Force: Physical force Unsubstantiated
Gutierrez, Manuel Black Male, 32 Force: Pepper spray Substantiated (Charges)
Vasco, Christian Black Male, 32 Force: Physical force Unsubstantiated
Vasco, Christian Black Male, 32 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Unknown Officer Black Male, 30-34 Force: Chokehold Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Force: Other Officer(s) Unidentified
Gutierrez, Manuel Black Male, 32 Force: Other Unsubstantiated
Vasco, Christian Black Male, 32 Force: Other Unsubstantiated

Conclusion Meanings:

'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.
'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, Manuel
Closed: Not guilty after trial-PC Approved, September 27, 2017
APU Not guilty

Vasco, Christian
No Disciplinary Action-DUP
No penalty

Summary

On February 13, 2016, at approximately 11:30 p.m., in front of Club Miami, located at 26 Bruckner Boulevard in the Bronx, a taxi driver called 911 to report that [redacted] had not paid his fare. Officers Manuel Gutierrez, Christian Garcia, Angie Rodriguez, and Brittany Moore of the 40th Precinct responded to the scene. Security staff at Club Miami brought [redacted] out of the club, and [redacted] discussed the taxi fare with the officers. PO Garcia frisked [redacted] (Allegation A). [redacted] was startled, and he pushed PO Garcia's hand away from his body. Immediately after, PO Gutierrez pepper sprayed him (Allegation B). PO Garcia and PO Gutierrez allegedly brought [redacted] to the ground (Allegations C and D). An officer allegedly placed a knee on the back of [redacted]'s neck, and [redacted] could not breathe (Allegations E and F). PO Garcia and PO Gutierrez allegedly punched him to get him to go inside of the police vehicle (subsumed in Allegations C and D). [redacted] who could not see due to the pepper spray, was allegedly placed stomach-down across the back seat of the vehicle (Allegations G and H). Read report for details.


Details

Incident: February 13, 2016
Received: February 14, 2016
Closed: July 6, 2016
Last Updated: October 2, 2025

Reason for contact: Report of other crime
Location: Commercial building
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Brittany Moore, Angie Rodriguez