Complaint #201900290,
August 14, 2018

Officer: Sylvestre, John
Complainant: White Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Garcia, Daniel
Complainant: White Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Garcia, Daniel
Complainant: White Male, 39
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Sylvestre, John
Complainant: White Male, 39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Garcia, Daniel
Complainant: White Male, 39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Arias, Kevin
Complainant: White Male, 39
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Sylvestre, John White Male, 39 Force: Physical force Exonerated
Garcia, Daniel White Male, 39 Force: Physical force Unfounded
Garcia, Daniel White Male, 39 Force: Gun Pointed Exonerated
Sylvestre, John White Male, 39 Abuse of Authority: Vehicle search Unsubstantiated
Garcia, Daniel White Male, 39 Abuse of Authority: Vehicle search Unsubstantiated
Arias, Kevin White Male, 39 Abuse of Authority: Search of recording device 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.
'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 August 14, 2018, at approximately 3:00 PM, at 60th Road and Woodhaven Boulevard in Queens, [redacted] was involved in a vehicle collision with an Emergency Services Unit (ESU) truck driven by PO Daniel Garcia (of ESU). Immediately after the crash, PO Garcia exited the truck, approached [redacted]'s vehicle with his gun pointed, and ordered him out. (Allegation A: Force, [redacted]) PO Garcia then allegedly pulled [redacted] out of the vehicle, threw him to the ground, placed a knee against his lower back, twisted his arm, and handcuffed him. (Allegation B: Force, [redacted]) At this point, Det. John Sylvestre (also of ESU) arrived at the scene and allegedly held [redacted] against the ground with his knee on his lower back. (Allegation C: Force, [redacted]) PO Garcia then allegedly stepped away to search the interior of [redacted]'s vehicle. (Allegation D: Abuse of Authority, [redacted]) As PO Garcia did so, Det. Sylvestre allegedly continued to hold [redacted] on the ground with his foot pressed on [redacted]'s left cheek. (Subsumed, Allegation C) PO Garcia and Det. Garcia then allegedly switched positions such that PO Garcia returned to hold [redacted] down with a knee on his back (subsumed, Allegation B), leaving Det. Garcia to conduct a second search of [redacted]'s vehicle. (Allegation E: Abuse of Authority, [redacted]) Upon being arrested and removed to the 112th Precinct stationhouse, PO Kevin Arias (112th Precinct) allegedly searched [redacted]'s cell phone. (Allegation F: Abuse of Authority, [redacted]) Read report for details.


Details

Incident: August 14, 2018
Received: January 10, 2019
Closed: October 7, 2019

Reason for contact: Traffic accident
Location: Street/highway
In NYPD 112th Precinct Queens
Outcome: Arrest - other violation/crime