Complaint #201708643,
October 11, 2017

Officer: Lupo, Nicolas
Complainant: Black Female, 52
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Hernandez, Brian
Complainant: Black Female, 52
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Brian
Complainant: Black Female, 52
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gatling, Christophe
Complainant: Black Female, 52
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gatling, Christophe
Complainant: Black Female, 52
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Lupo, Nicolas
Complainant: Black Male
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Lupo, Nicolas
Complainant: Black Female, 52
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lupo, Nicolas
Complainant: Black Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Lupo, Nicolas
Complainant: Black Male
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Smith, Gregory
Complainant: Black Female, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Black Female, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Gatling, Christophe
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Gatling, Christophe
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Gatling, Christophe
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Brian
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Brian
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Hernandez, Brian
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer: Lupo, Nicolas
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Lupo, Nicolas
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Smith, Gregory
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Smith, Gregory
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Smith, Gregory
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Cumberbatch, Jamal
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Cumberbatch, Jamal
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Sifonte, Heriberto
Complainant: Black Male
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Officer(s) Unidentified
Officer: Rivera, Jose
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lupo, Nicolas
Complainant: Black Male
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Lupo, Nicolas
Complainant: Black Female, 52
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Lupo, Nicolas
Complainant: Black Female, 52
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Cumberbatch, Jamal
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Board Conclusion
Lupo, Nicolas Black Female, 52 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Hernandez, Brian Black Female, 52 Force: Physical force Unsubstantiated
Hernandez, Brian Black Female, 52 Force: Physical force Unsubstantiated
Gatling, Christophe Black Female, 52 Force: Physical force Unsubstantiated
Gatling, Christophe Black Female, 52 Force: Physical force Unsubstantiated
Lupo, Nicolas Black Male Discourtesy: Word Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Lupo, Nicolas Black Female, 52 Force: Physical force Exonerated
Lupo, Nicolas Black Male Abuse of Authority: Frisk Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Lupo, Nicolas Black Male Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Smith, Gregory Black Female, 52 Discourtesy: Word Substantiated (Formalized Training)
Unknown Officer Black Female, 50-54 Force: Physical force Officer(s) Unidentified
Gatling, Christophe Abuse of Authority: Entry of Premises Unsubstantiated
Gatling, Christophe Abuse of Authority: Entry of Premises Unsubstantiated
Gatling, Christophe Abuse of Authority: Search of Premises Unsubstantiated
Hernandez, Brian Abuse of Authority: Entry of Premises Unsubstantiated
Hernandez, Brian Abuse of Authority: Entry of Premises Unsubstantiated
Hernandez, Brian Abuse of Authority: Search of Premises Unsubstantiated
Lupo, Nicolas Abuse of Authority: Entry of Premises Exonerated
Lupo, Nicolas Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Smith, Gregory Abuse of Authority: Entry of Premises Exonerated
Smith, Gregory Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Smith, Gregory Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Cumberbatch, Jamal Abuse of Authority: Entry of Premises Exonerated
Cumberbatch, Jamal Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Sifonte, Heriberto Black Male Abuse of Authority: Frisk Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Unknown Officer Black Female, 50-54 Force: Physical force Officer(s) Unidentified
Unknown Officer Abuse of Authority: Entry of Premises Officer(s) Unidentified
Unknown Officer Abuse of Authority: Entry of Premises Officer(s) Unidentified
Rivera, Jose Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Lupo, Nicolas Black Male Abuse of Authority: Question Unsubstantiated
Lupo, Nicolas Black Female, 52 Discourtesy: Word Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Lupo, Nicolas Black Female, 52 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Cumberbatch, Jamal Abuse of Authority: Search of Premises Substantiated (Formalized Training)

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalties

Rivera, Jose
Formalized Training

Cumberbatch, Jamal
Formalized Training

Smith, Gregory
Formalized Training

Lupo, Nicolas
Formalized Training

Summary

On October 11, 2017, at approximately 8:30 a.m., PO Nicolas Mahuad of the 48th Precinct pointed his Taser at [redacted] in front of her [redacted] at [redacted] in the Bronx (Allegation A: Abuse of Authority, [redacted] PO Mahuad, PO Gregory Smith, PO Jamal Cumberbatch, PO Christopher Gatling, PO Brian Hernandez, and an officer of the same command entered [redacted] s apartment, and PO Mahuad, PO Gatling, PO Hernandez, and an officer pulled [redacted] out into the hallway (Allegations B, C, D, E, F, and G: Abuse of Authority, [redacted]). PO Gatling, PO Hernandez, and an officer allegedly pushed [redacted] against the wall (Allegations L, M, and N: Force: [redacted]). PO Mahuad pointed his Taser at [redacted] again and told her, "Put your fucking hands behind your back," (Allegation O: Abuse of Authority, [redacted] Allegation P: Discourtesy, [redacted] PO Mahuad also asked if [redacted] had a knife and told him to come out of the "fucking apartment," (Allegation Q: Abuse of Authority, [redacted] Allegation R: Discourtesy, [redacted] In addition, PO Mahuad pointed his Taser at [redacted] (Allegation S: Abuse of Authority, [redacted] PO Mahuad and PO Sifonte frisked [redacted] and PO Mahuad told him to keep his hands up on the "fucking wall," (Allegations T and U: Abuse of Authority, [redacted] within Allegation R: Discourtesy, [redacted] PO Hernandez and PO Gatling allegedly entered [redacted] s apartment and searched it (Allegations V, W, X, and Y: Abuse of Authority, [redacted] PO Cumberbatch, PO Smith and officers of the same command also entered [redacted] s apartment (Allegations Z, 2A and 2B: Abuse of Authority, [redacted]). PO Cumberbatch then searched [redacted] s apartment for a weapon (Allegation 2C, Abuse of Authority, [redacted] Towards the end of the incident, PO Mahuad, PO Smith and PO Rivera entered [redacted] s apartment again to take her identification and $5 from [redacted] (Allegations 2D, 2E, and 2F: Abuse of Authority, [redacted] While inside the apartment, PO Smith yelled to [redacted] "You... Read report for details.


Details

Incident: October 11, 2017
Received: October 19, 2017
Closed: August 16, 2018

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 48th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Iqueurys Brito, Michael Fraterrigo, Ariel Torres
Body-Worn Camera evidence collected