Complaint #201807436,
August 31, 2018

Officer: Gargano, Michael
Complainant: White Male, 33
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gargano, Michael
Complainant: White Male, 33
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Gargano, Michael
Complainant: White Male, 33
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gargano, Michael
Allegation: Abuse of Authority: Gun Drawn
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Gargano, Michael White Male, 33 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Gargano, Michael White Male, 33 Force: Gun Pointed Unsubstantiated
Gargano, Michael White Male, 33 Discourtesy: Word Substantiated (Command Discipline B)
Gargano, Michael Abuse of Authority: Gun Drawn Unsubstantiated
CCRB Investigator Recommendation: Exonerated

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

Gargano, Michael
Previously Adjudicated
Closed Administratively (No penalty reported)

Summary

On August 31, 2018, at approximately 10:30 a.m., PO Michael Gargano of the 84th Precinct approached [redacted] and other individuals in the vicinity of Prince Street and Crosby Street in Manhattan. PO Gargano drew his gun (Allegation A - Abuse of Authority: Gun drawn, [redacted]), allegedly pointed it at [redacted] (Allegation B - Force: Gun pointed, [redacted]), and made comments including, "I'll knock you the fuck out" (Allegation C - Abuse of Authority: Threat of force, [redacted] and Allegation D - Discourtesy: Word, [redacted]) and, "Shoot your fucking heroin and die" (within Allegation D). [redacted] was not arrested as a result of the incident. Read report for details.


Details

Incident: August 31, 2018
Received: September 10, 2018
Closed: April 10, 2019

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 5th Precinct Manhattan
Outcome: No arrest made or summons issued

Video evidence collected