Complaint #201700064,
December 31, 2016

Officer: Gutierrez, Manuel
Complainant: Hispanic Male, 50
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Gutierrez, Manuel Hispanic Male, 50 Force: Physical force Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Gutierrez, Manuel
Closed: Not guilty after trial-PC Approved, April 15, 2020
APU Not guilty

Summary

According to police documents, on December 31, 2016, at approximately 10:37 a.m., [redacted] was driving on East 149 Street in the Bronx and was pulled over for using his cell phone. He was issued a summons for use of an electronic device (Board Review 04). The video obtained by the CCRB depicted PO Manuel Gutierrez of the 40th Precinct striking [redacted] in the face (Allegation A: Force, [redacted]) while he was on the ground and being handcuffed (Board Review 11). Read report for details.


Details

Incident: December 31, 2016
Received: January 3, 2017
Closed: April 5, 2018
Last Updated: October 2, 2025

Reason for contact: Moving violation
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Karla Arvayo, Isidore Rodriguez
Video evidence collected