Complaint #201809272,
September 27, 2018

Officer: Viola, Kevin
Complainant: Black Male, 38
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Unsubstantiated
Officer: Gutierres, Jimmy
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Gutierres, Jimmy
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gordon, Christopher
Complainant: Black Male, 38
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gordon, Christopher
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Gordon, Christopher
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gordon, Christopher
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Viola, Kevin Black Male, 38 Force: Nonlethal restraining device Unsubstantiated
Gutierres, Jimmy Black Male, 38 Force: Physical force Unfounded
Unknown Officer Black Male, 35-39 Force: Physical force Officer(s) Unidentified
Gutierres, Jimmy Black Male, 38 Force: Physical force Unsubstantiated
Gordon, Christopher Black Male, 38 Discourtesy: Word Unsubstantiated
Gordon, Christopher Black Male, 38 Force: Physical force Unfounded
Gordon, Christopher Black Male, 38 Force: Physical force Exonerated
Gordon, Christopher Black Male, 38 Force: Physical force 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 September 27, 2018, at approximately 10:20 p.m. [redacted] spoke with [redacted] and [redacted] outside of [redacted] in Manhattan, when Police Officer Christopher Gordon and Police Officer Jimmy Gutierres of the 32nd Precinct approached in a marked police vehicle. [redacted] approached the police vehicle and asked Police Officer Gutierres what was going on. Police Officer Gordon allegedly told [redacted] "fuck out of here," (Allegation A-Discourtesy, [redacted]). Police Officer Gordon and Police Officer Gutierres exited their vehicle and told [redacted] to get on the sidewalk. [redacted] walked across the street. Police Officer Gordon and Police Officer Gutierres followed him and told him to come over. Additional officers arrived including Police Officer Kevin Viola and Police Officer Asad Sardar of the 32nd Precinct. Police Officer Gordon and Police Officer Gutierres allegedly tackled [redacted] to the ground, (Allegations B and C-Force, [redacted]). [redacted] landed on the ground on of his stomach. Police Officer Gordon punched [redacted] (Allegation D-Force, [redacted]) in his chest. Unidentified officers allegedly punched him in his face and kicked [redacted] (Allegation E-Force, [redacted]). Officers told [redacted] to stop resisting. Police Officer Viola tasered [redacted] (Allegation F- Force, [redacted]). After he was tasered, he was handcuffed, dragged to a police vehicle and thrown into the police vehicle by Police Officer Gordon and Police Officer Gutierres (Allegations G and H- Force, [redacted]). [redacted] was arrested and charged with [redacted]. Read report for details.


Details

Incident: September 27, 2018
Received: November 6, 2018
Closed: November 20, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: Arrest - resisting arrest

Witness Officers: Wilson Ramos, Asad Sardar
Video evidence collected