Complaint #201804454,
May 19, 2018

Officer: Cuevas, Gabriel
Complainant: Black Male, 41
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Cuevas, Gabriel
Complainant: Black Male, 41
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Giglio, Michelle
Complainant: Black Male, 41
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Cuevas, Gabriel
Complainant: Black Male, 41
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Estevez, Dharina
Complainant: Black Male, 41
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Cuevas, Gabriel
Complainant: Black Male, 41
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Cuevas, Gabriel Black Male, 41 Abuse of Authority: Stop Exonerated
Cuevas, Gabriel Black Male, 41 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Giglio, Michelle Black Male, 41 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Cuevas, Gabriel Black Male, 41 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Estevez, Dharina Black Male, 41 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Cuevas, Gabriel Black Male, 41 Abuse of Authority: Refusal to provide name/shield number Unfounded

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Cuevas, Gabriel
Command Discipline - A

Summary

On May 19, 2018, at approximately 1:35am, [redacted] was in the lobby of 959 St. Marks Avenue in Brooklyn when Sgt. Gabriel Cuevas, PO Dharina Estevez, PO Alicia Frisch, and PO Michelle Giglio entered the lobby. Sgt. Cuevas approached and stopped [redacted] (Allegation A: Abuse of Authority-[redacted]) Sgt. Cuevas asked [redacted] for his identification and then frisked and searched [redacted] to retrieve his identification (Allegation B and C: Abuse of Authority-[redacted]) [redacted] then allegedly asked Sgt. Cuevas, PO Estevez, and PO Giglio for their names and shield numbers, which they failed to provide (Allegation D, E, and F: Abuse of Authority-[redacted]) [redacted] was not arrested or issued any summonses. Read report for details.


Details

Incident: May 19, 2018
Received: June 5, 2018
Closed: December 11, 2018

Location: Residential building
In NYPD 77th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Alicia Dionisi