Complaint #201800839,
January 23, 2018

Officer: Horan, Matthew
Complainant: Male, 40
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Horan, Matthew
Complainant: Male, 40
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gut, Frank
Complainant: Male, 40
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Horan, Matthew
Complainant: Male, 40
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Horan, Matthew Male, 40 Discourtesy: Action Unsubstantiated
Horan, Matthew Male, 40 Discourtesy: Word Unsubstantiated
Gut, Frank Male, 40 Offensive Language: Other Unsubstantiated
Horan, Matthew Male, 40 Abuse of Authority: Search (of person) Unsubstantiated

Conclusion Meanings:

'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 January 23, 2018, at approximately 10:15 p.m., at the intersection of Church Street and Murray Street, in Manhattan, while driving, [redacted] was stopped by PO Mathew Horan and PO Frank Gut, from the 1st Precinct. PO Horan approached [redacted]'s vehicle and allegedly stated, "Are you fucking crazy?". PO Gut then allegedly said something similar to, "Are you retarded?". While [redacted] had his wallet in his hand, PO Horan allegedly grabbed his wallet, removed [redacted]'s driver's license, and threw [redacted]'s wallet. [redacted] was issued a summons for failure to signal when changing lanes.
It is undisputed that [redacted] was pulled over by PO Horan and PO Gut and issued a summons for failure to signal while changing lanes.
[redacted] stated that after he was pulled over, PO Horan and PO Gut approached the driver's side of his vehicle. PO Horan stated, "What's the matter with you? Are you fucking crazy?" As [redacted] attempted to explain why he did not signal, PO Horan spoke over him. [redacted] could not recall the exact phrase, but believed PO Gut asked him something similar to, "Are you retarded?" Initially, when filing his complaint, [redacted] had difficulty articulating the phrase and stated PO Gut said something similar to "terrorist," but during his interview, he clarified that is not a statement either officer made.
[redacted] stated that before he had a chance to hand his wallet to PO Horan, PO Horan took the wallet from his hands, removed his identification, and then threw the wallet at him. During his phone statement, [redacted] stated that the wallet hit him in his face, but during his in-person statement, [redacted] stated the wallet hit him in his chest, not his face (Board Review 1 and 2).
PO Horan stated that he approached [redacted]'s driver's side as PO Gut stood behind him. PO Horan told [redacted] that he almost hit the officers' vehicle. PO Horan denied that he or PO Gut said, "Are you fucking crazy" or that they used any profanity. PO Horan also denied that he or PO Gut asked... Read report for details.


Details

Incident: January 23, 2018
Received: January 31, 2018
Closed: July 25, 2018

Reason for contact: Moving violation
Location: Street/highway
In NYPD 1st Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Daniel Moessner, Justin Naimoli