Complaint #201901695,
February 11, 2019

Officer: Gulotta, Anthony
Complainant: Black Male, 27
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Geyer, Michael
Complainant: Black Male, 34
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Gulotta, Anthony
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Officer: Gulotta, Anthony
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Geyer, Michael
Complainant: Black Male, 27
Allegation: Abuse of Authority: Photography/Videography
CCRB Conclusion: Exonerated
Officer: Palermo, Daniel
Complainant: Black Male, 34
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer: Gulotta, Anthony
Complainant: Black Male, 27
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Gulotta, Anthony Black Male, 27 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Geyer, Michael Black Male, 34 Abuse of Authority: Interference with recording Exonerated
Gulotta, Anthony Black Male, 27 Discourtesy: Word Substantiated (Command Discipline A)
NYPD Disposition: Command Discipline - A
Gulotta, Anthony Black Male, 27 Force: Physical force Substantiated (Command Discipline A)
CCRB Investigator Recommendation: Exonerated
NYPD Disposition: No Disciplinary Action-DUP
Geyer, Michael Black Male, 27 Abuse of Authority: Photography/Videography Exonerated
Palermo, Daniel Black Male, 34 Abuse of Authority: Other Exonerated
Gulotta, Anthony Black Male, 27 Abuse of Authority: Seizure of property Exonerated

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.


Penalty

Gulotta, Anthony
Command Discipline - A

Summary

On February 11th, 2019, at around 11:00am, [redacted] and [redacted] were pulled over near the intersection of 91st Avenue and Springfield Boulevard in Queens by Police Officer Sean Cox and Police Officer William Hespeler, both of the 105th Precinct. [redacted] who was driving, refused to provide his license or registration. PO Cox stated that he smelled marijuana and instructed [redacted] to exit his vehicle. [redacted] refused and PO Cox and PO Hespeler requested back-up. Police Officer Andrew Viscusi, Police Officer Michael Geyer, Sergeant Daniel Palermo, and Lieutenant Anthony Gulotta, all of the 105th Precinct, responded.
During this stop, PO Geyer took a photograph of [redacted] (Allegation A: Abuse of Authority, [redacted]). Lieutenant Gulotta then ordered PO Cox, PO Hespeler, PO Viscusi, and Sgt. Palermo to remove [redacted] from his vehicle (Allegation B: Force, [redacted]). As [redacted] was being handcuffed, Lieutenant Gulotta cycled his taser and told [redacted] "You're gonna get tased" (Allegation C: Abuse of Authority, [redacted]). Lieutenant Gulotta stood on [redacted]'s hand (Allegation B continued).
After [redacted] was handcuffed, Lieutenant Gulotta told him, "no one gives a shit about your record" and "get the fuck in the marked car" (Allegation D: Discourtesy, [redacted]). After [redacted] was arrested, PO Geyer instructed [redacted] to exit the vehicle. [redacted] complied and PO Geyer allegedly interfered with his use of a recording device (Allegation E: Abuse of Authority, [redacted]).
Officers transported [redacted]'s vehicle to the 105th Precinct (Allegation F: Abuse of Authority, [redacted]). [redacted] was also taken back to the 105th Precinct while officers investigated the ownership of the vehicle and was ultimately released with a summons for possession of marijuana (Allegation G: Abuse of Authority, [redacted]).
Case #202003691 was generated to separately handle the allegations falling under the RTKA, which implicates NYPD training. As such, these allegations will not be... Read report for details.


Details

Incident: February 11, 2019
Received: February 25, 2019
Closed: July 27, 2020

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Sean Cox, William Hespeler, Andrew Viscusi
Body-Worn Camera evidence collected
Video evidence collected