Complaint #201704064,
May 12, 2017

Officer: Gembecki, Brandon
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Gembecki, Brandon
Complainant: Hispanic Male, 37
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer: Gembecki, Brandon
Complainant: Hispanic Male, 37
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Gembecki, Brandon
Complainant: Hispanic Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gembecki, Brandon
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer: Landesberg, Adam
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Juan
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Force: Radio as club
CCRB Conclusion: Unfounded
Officer: Gomez, Juan
Complainant: Hispanic Male, 37
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Gembecki, Brandon Hispanic Male, 37 Abuse of Authority: Vehicle stop Unsubstantiated
Gembecki, Brandon Hispanic Male, 37 Force: Other Unfounded
Gembecki, Brandon Hispanic Male, 37 Force: Chokehold Unfounded
Gembecki, Brandon Hispanic Male, 37 Force: Physical force Exonerated
Gembecki, Brandon Hispanic Male, 37 Abuse of Authority: Frisk Unsubstantiated
Unknown Officer Hispanic Male, 35-39 Force: Other Unfounded
Landesberg, Adam Hispanic Male, 37 Abuse of Authority: Vehicle stop Unsubstantiated
Gomez, Juan Hispanic Male, 37 Abuse of Authority: Vehicle stop Unsubstantiated
Unknown Officer Hispanic Male, 35-39 Force: Radio as club Unfounded
Gomez, Juan Hispanic Male, 37 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 35-39 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 May 12, 2017, at approximately 12:30 a.m., in the vicinity of 2700 Grand Concourse in the Bronx, Police Officer Brandon Gembecki, Police Officer Juan Gomez, and Police Officer Adam Landesberg, who were all assigned to the 52nd Precinct at the time, stopped a vehicle driven by [redacted] (Allegations A-C: Abuse of Authority, [redacted]). [redacted] was a passenger in the vehicle and witnessed the incident. PO Gembecki instructed [redacted] to exit the vehicle and frisked him (Allegation D: Abuse of Authority, [redacted]). During or after the frisk, PO Gembecki allegedly forcibly took [redacted] to the ground (Allegation E: Force, [redacted]). [redacted] resisted officers' attempts to handcuff him on the ground, and he bit PO Gembecki on the bicep. PO Gembecki punched [redacted] about the face and head an indeterminate number of times (also Allegation E). PO Gomez also punched [redacted] (Allegation F: Force, [redacted]). During the physical struggle to handcuff [redacted] an officer allegedly struck him on the head with a radio (Allegation G: Force, [redacted]). Officers also allegedly punched and kicked him multiple times in the back and chest (Allegation H: Force, [redacted]). PO Gembecki also allegedly wrapped his arm around [redacted] throat and restricted his breathing (Allegations I-J: Force, [redacted]). Once [redacted] was handcuffed and lying on the ground, an officer allegedly stepped on his neck, which restricted his breathing (Allegation K: Force, [redacted]). Read report for details.


Details

Incident: May 12, 2017
Received: May 23, 2017
Closed: February 28, 2018

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Arrest - assault (against a PO)

Video evidence collected