Complaint #201807718,
September 8, 2018

Officer: Gerardi, Daniel
Complainant: Black Male, 25
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Gerardi, Daniel
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gerardi, Daniel
Complainant: Black Male, 25
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Sikora, John
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Sikora, John
Complainant: Black Male, 25
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gerardi, Daniel
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Sikora, John
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ali, Muhammed
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Martinez, Robert
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 25
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gerardi, Daniel
Complainant: Black Male, 25
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gerardi, Daniel Black Male, 25 Abuse of Authority: Frisk Unsubstantiated
Gerardi, Daniel Black Male, 25 Discourtesy: Word Substantiated (Command Discipline B)
Gerardi, Daniel Black Male, 25 Abuse of Authority: Strip-searched Substantiated (Command Discipline B)
Sikora, John Black Male, 25 Force: Physical force Unsubstantiated
Sikora, John Black Male, 25 Force: Restricted Breathing Unsubstantiated
Martinez, Robert Black Male, 25 Force: Physical force Unsubstantiated
Gerardi, Daniel Black Male, 25 Force: Physical force Unsubstantiated
Sikora, John Black Male, 25 Force: Physical force Unsubstantiated
Ali, Muhammed Discourtesy: Word Substantiated (Command Lvl Instructions)
Martinez, Robert Black Male, 25 Discourtesy: Word Unsubstantiated
Martinez, Robert Black Male, 25 Abuse of Authority: Stop Exonerated
Gerardi, Daniel Black Male, 25 Abuse of Authority: Search (of person) Unsubstantiated

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.
'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

Ali, Muhammed
Instructions

Gerardi, Daniel
Charges and Specifications - Guilty
Vacation: 3 days

Summary

On September 8, 2018, at approximately 2:11 a.m., Sgt. Robert Martinez, PO Daniel Gerardi, and PO John Sikora of the 75th Precinct stopped [redacted] in Brooklyn (Allegation A: Abuse of Authority, [redacted]) PO Gerardi frisked and searched [redacted] during which he told him, "It's fucking disgusting" (Allegations B and C: Abuse of Authority, [redacted]) Allegation D: Discourtesy, [redacted]) All three officers subsequently took [redacted] to the ground, and Sgt. Martinez told him, "Stop fucking resisting" (Allegations E, F, and G: Force, [redacted]) Allegation H: Discourtesy, [redacted]) PO Sikora punched [redacted] in his shoulder and chest and allegedly restricted his breathing by placing his knee on [redacted]'s neck (Allegations I and J: Force, [redacted]) PO Mohammed Ali of the same command, who responded among numerous back-up officers, told unidentified individuals who had gathered, "Alright, somebody's fucking up there" (Allegation K: Discourtesy, [redacted]) [redacted] was ultimately arrested for numerous narcotics violations, resisting arrest, consuming an alcoholic beverage in public, and disorderly conduct. He was taken to the 75th Precinct stationhouse, where PO Gerardi strip-searched him (Allegation L: Abuse of Authority, [redacted]).
[redacted] provided one cell phone video recording that partially captured the incident [BR 05, Original]. Read report for details.


Details

Incident: September 8, 2018
Received: September 17, 2018
Closed: October 7, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Noel Damico
Body-Worn Camera evidence collected
Video evidence collected