Complaint #201603160,
April 4, 2016

Officer: Cucchiara, Gerald
Complainant: Black Male, 22
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Walsh, James
Complainant: Black Male, 22
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Nicoletti, Daniel
Complainant: Black Male, 20
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Nicoletti, Daniel
Complainant: Black Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Walsh, James
Complainant: Black Male, 22
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Walsh, James
Complainant: Black Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Cucchiara, Gerald
Complainant: Black Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Walsh, James
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cucchiara, Gerald
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Cucchiara, Gerald Black Male, 22 Force: Gun Pointed Exonerated
Walsh, James Black Male, 22 Force: Gun Pointed Exonerated
Nicoletti, Daniel Black Male, 20 Force: Gun Pointed Exonerated
Nicoletti, Daniel Black Male, 20 Discourtesy: Word Unfounded
Walsh, James Black Male, 22 Abuse of Authority: Property damaged Exonerated
Walsh, James Black Male, 20 Discourtesy: Word Unsubstantiated
Cucchiara, Gerald Black Male, 20 Discourtesy: Word Unsubstantiated
Walsh, James Black Male, 22 Force: Physical force Exonerated
Cucchiara, Gerald Black Male, 22 Force: Physical force Exonerated

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Summary

On April 4, 2016, shortly before 5:30 p.m., [redacted] rode through the Brownsville neighborhood in Brooklyn as a passenger in [redacted]'s black BMW sedan. The vehicle was without a front license plate, and was witnessed by Det. Joebian Ortiz, of the Gun Violence Suppression Division, driving recklessly, including speeding and making an improper turn. Det. Ortiz activated the lights and sirens of his unmarked vehicle in an attempt to conduct a car stop on [redacted]'s car, yet the vehicle escaped. (Board Review 15) Det. Ortiz alerted Det. James Walsh, Sgt. Daniel Nicoletti, and Det. Gerald Cucchiara, all also of the Gun Violence Suppression Division and at the time in an unmarked vehicle together, via point-to-point communication, that a black BMW without a front license plate had evaded a car stop; no other information was conveyed to the officers at that time.
Shortly thereafter, Det. Walsh, who was the operator of this second vehicle, saw the black BMW approaching from the opposite direction of traffic. Det. Walsh activated his lights and sirens and attempted to stop the BMW, which then turned onto a one-way street into oncoming traffic. Det. Walsh's vehicle followed, and then turned with the BMW onto Thomas Boyland Avenue. Dense traffic near the intersection of Thomas Boyland Avenue and Atlantic Avenue caused the BMW to slow, at which point Det. Cucchiara and Sgt. Nicoletti approached the vehicle with guns drawn, with Det. Walsh approaching with his gun drawn moments after (Allegations A, B, C); during their approach, Det. Walsh and Det. Cucchiara repeatedly directed profanities at [redacted] and [redacted] (Allegations G, H). Upon arrival at the vehicle, Det. Walsh near immediately used the butt of his gun to break the driver's side window (Allegation D), at which point he reached his hand inside the car and opened it from the inside. [redacted] was pulled from the vehicle by Det. Walsh and Det. Cucchiaria (Allegations E, F) and handcuffed shortly thereafter, while [redacted] fled north. Sgt. Nicoletti... Read report for details.


Details

Incident: April 4, 2016
Received: April 13, 2016
Closed: September 22, 2016

Reason for contact: Moving violation
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: Arrest - assault (against a PO)

Witness Officers: Joebian Ortiz