Complaint #201700665,
January 22, 2017

Officer: Susana, Michael
Complainant: Black Male, 44
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Luis
Complainant: Black Male, 44
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Susana, Michael Black Male, 44 Offensive Language: Other Unsubstantiated
Gutierrez, Luis Black Male, 44 Abuse of Authority: Other Substantiated (Command Discipline A)

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.


Penalty

Gutierrez, Luis
Command Discipline - A

Summary

On January 22, 2017, at approximately 10:13 p.m., [redacted] was driving his taxi and got into a dispute about fare payment with three passengers he had driven to 163 West 10th Street in Manhattan. The passengers were [redacted] and [redacted] called 911, and Police Officer Michael Susana and Police Officer Luis Gutierrez of the 6th Precinct responded. They determined that the passengers had paid [redacted] and then instructed [redacted] to leave the scene. [redacted] refused to leave. PO Susana allegedly told him, "You are retarded, so now let's see what I'm gonna do" (Allegation A). PO Gutierrez eventually issued [redacted] four summonses: [redacted], [redacted]. (BR01) (Allegation B). After PO Gutierrez handed [redacted] the summonses, [redacted] asked why the officers were giving him the summonses, and PO Susana allegedly said, "Because you are a retard" (Allegation A). Read report for details.


Details

Incident: January 22, 2017
Received: January 26, 2017
Closed: August 17, 2017

Reason for contact: C/V requested investigation of crime
Location: Street/highway
In NYPD 6th Precinct Manhattan
Outcome: Summons - disorderly conduct