Complaint #201705352,
July 1, 2017

Officer: Gerber, Douglas
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gerber, Douglas
Complainant: Black Male, 39
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Gerber, Douglas Black Male, 39 Force: Physical force Unsubstantiated
Gerber, Douglas Black Male, 39 Abuse of Authority: Retaliatory summons Substantiated (Charges)

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

Gerber, Douglas
Closed: Not guilty after trial-PC Approved, November 10, 2021
APU Not guilty

Summary

On July 1, 2017, at approximately 4:40 a.m., Mr. J [redacted] was sitting on a tree guardrail with [redacted] C [redacted] outside of his building, located at [redacted] in Manhattan. Police Officers Douglas Gerber and Jorge Ortiz of the 23rd Precinct were on patrol when they noticed Mr. J [redacted] who was seated next to an open can of beer. PO Gerber decided to initiate a stop and he and PO Ortiz approached him (see allegations not pleaded). While PO Gerber was writing Mr. J's [redacted] summons, Mr. J [redacted] stood up and allegedly refused to sit back down. PO Gerber grabbed Mr. J [redacted] by his shirt and allegedly tripped Mr. J [redacted], causing him to fall to the ground (Allegation A). PO Gerber issued Mr. J [redacted] a summons for an open container before leaving with PO Ortiz (Allegation B). Read report for details.


Details

Incident: July 1, 2017
Received: July 3, 2017
Closed: January 25, 2018
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 23rd Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Jorge Ortiz
Video evidence collected