Complaint #201802126,
March 19, 2018

Officer: Gil, Janert
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Black Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Donovan, Miguel
Complainant: Black Male, 57
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Black Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gil, Janert
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Mcgarry, Nicholas
Complainant: Black Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Offensive Language: Race
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Mcgarry, Nicholas
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mcgarry, Nicholas
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mcgarry, Nicholas
Complainant: Black Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Mcgarry, Nicholas
Complainant: Black Male, 57
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Donovan, Miguel
Complainant: Black Male, 57
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Donovan, Miguel
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mcgarry, Nicholas
Complainant: Black Male, 17
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gil, Janert Black Male, 17 Force: Physical force Unsubstantiated
Donovan, Miguel Black Male, 17 Discourtesy: Word Unfounded
Donovan, Miguel Black Male, 57 Force: Physical force Unsubstantiated
Donovan, Miguel Black Male, 17 Discourtesy: Word Unsubstantiated
Gil, Janert Abuse of Authority: Gun Drawn Unsubstantiated
Mcgarry, Nicholas Black Male, 17 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 55-59 Offensive Language: Race Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Mcgarry, Nicholas Black Male, 17 Force: Physical force Unsubstantiated
Mcgarry, Nicholas Black Male, 17 Force: Physical force Unsubstantiated
Mcgarry, Nicholas Black Male, 17 Discourtesy: Word Unsubstantiated
Mcgarry, Nicholas Black Male, 57 Discourtesy: Word Unsubstantiated
Donovan, Miguel Black Male, 57 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Donovan, Miguel Black Male, 17 Force: Physical force Unsubstantiated
Mcgarry, Nicholas Black Male, 17 Force: Other Unsubstantiated

Conclusion Meanings:

'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 March 19, 2018, at approximately 2:35 PM, Sgt. Nicholas McGarry, PO Miguel Donovan, and PO Janert Gil of the 48th Precinct Anti-Crime team observed [redacted] s [redacted]-year-old son) strike an unidentified individual on Washington Avenue between East 189th Street and Fordham Road in the Bronx. As PO Donovan pursued [redacted] on foot, on East 189th Street between Washington Avenue and Third Avenue, PO Donovan allegedly said to [redacted] "Stop, motherfucker" (Allegation A: Discourtesy, [redacted]).
[redacted] ran to his home, located at [redacted] in the Bronx. The three officers caught up to him as he stood at the top of the building's four-step stoop and attempted to enter the building. As the officers approached, PO Gil allegedly drew his gun (Allegation B: Abuse of Authority, [redacted]) and Sgt. McGarry allegedly said, "Don't fucking move" (Allegation C: Discourtesy, [redacted]). Next, Sgt. McGarry allegedly took hold of [redacted]s shoulder and pulled him down the stairs, causing [redacted] to fall onto the sidewalk (Allegation D: Force, [redacted]). Sgt. McGarry, PO Gil, and PO Donovan then each allegedly kicked [redacted] on the head and back (Allegation E: Force, [redacted]; Allegation F: Force, [redacted]; Allegation G: Force, [redacted]), before Sgt. McGarry allegedly placed his foot or knee on [redacted]s head (Allegation H: Force, [redacted]).
[redacted] then exited [redacted] and saw what was taking place. Sgt. McGarry and PO Donovan each allegedly said to [redacted] "Shut the fuck up," and PO Donovan allegedly asked him, "Where the fuck is the gun?" (Allegation I: Discourtesy, [redacted]; Allegation J: Discourtesy, [redacted]). When [redacted] approached, Sgt. McGarry allegedly said to him, "Back the fuck up" (Allegation K: Discourtesy, [redacted]), and PO Donovan allegedly pushed [redacted] away (Allegation L: Force, [redacted]). Additionally, an officer allegedly used the word "Nigga" while addressing [redacted] (Allegation M: Offensive Language, [redacted]), and PO Donovan allegedly... Read report for details.


Details

Incident: March 19, 2018
Closed: January 24, 2019
Last Updated: December 11, 2024

Location: Residential building
In NYPD 48th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Sandra Martinez, Richard Mcknight, Robert Wichers
Video evidence collected