Complaint #201902236,
December 12, 2018

Officer: Gagliardi, Thomas
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Bekas, Nicholas
Complainant: Hispanic Male, 20
Allegation: Force: Vehicle
CCRB Conclusion: Unsubstantiated
Officer: Bekas, Nicholas
Complainant: Hispanic Male, 20
Allegation: Force: Vehicle
CCRB Conclusion: Substantiated (Charges)
Officer: Bekas, Nicholas
Complainant: Hispanic Male, 20
Allegation: Force: Vehicle
CCRB Conclusion: Unsubstantiated
Officer: Gagliardi, Thomas
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Gagliardi, Thomas Hispanic Male, 20 Abuse of Authority: Vehicle stop Exonerated
Bekas, Nicholas Hispanic Male, 20 Force: Vehicle Unsubstantiated
Bekas, Nicholas Hispanic Male, 20 Force: Vehicle Substantiated (Charges)
Bekas, Nicholas Hispanic Male, 20 Force: Vehicle Unsubstantiated
Gagliardi, Thomas Hispanic Male, 20 Abuse of Authority: Other Substantiated (Charges)

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

Gagliardi, Thomas
Closed: Previously adjudicated, with discipline, January 28, 2021
APU Closed: Previously adjudicated, with discipline
Dismissal Probation 365 days

Bekas, Nicholas
Closed: Previously adjudicated, with discipline, September 3, 2020
APU Closed: Previously adjudicated, with discipline
Forfeit vacation 19 days

Summary

On December 12, 2018, at approximately 12:00 p.m. [redacted] was driving a gray 2005 Jaguar sedan near the dead end of Park Lane South in Queens when he encountered PO Nicholas Bekas and Sgt. Thomas Gagliardi, then both of Narcotics Borough Queens South. PO Bekas was operating an unmarked Toyota 4Runner. Sgt. Gagliardi decided to stop [redacted]'s vehicle (Allegation A- Abuse of Authority- [redacted]). PO Bekas allegedly collided with [redacted]'s vehicle on Jamaica Avenue at 80th Street (Allegation B- Force-[redacted]). [redacted] reversed his vehicle onto 80th Street, and PO Bekas collided with one of the front panels of [redacted]'s vehicle (Allegation C- Force-[redacted]). [redacted] drove towards Brooklyn on Jamaica Avenue, and Sgt. Gagliardi authorized PO Bekas to pursue [redacted] in his vehicle (Allegation D- Abuse of Authority-[redacted]). PO Bekas allegedly rear-ended [redacted]'s vehicle on Fulton Street near Grant Avenue (Allegation E- Force-[redacted]). The vehicle pursuit ended when [redacted] lost control of his vehicle and collided with a utility pole at Fulton Street and Grant Avenue.
As a result of this incident, [redacted] was arrested for assault on a police officer, criminal possession of a controlled substance in the third degree, reckless endangerment in the first degree, criminal possession of a controlled substance in the fifth degree, vehicular assault in the second degree, fleeing an officer in a motor vehicle in the second degree, criminal possession of marijuana in the fourth degree, criminal possession of a controlled substance in the seventh degree, and aggravated unlicensed operation of a motor vehicle in the third degree (Board Review 01).
As a result of this incident, [redacted] sustained a right acetabular (hip socket) fracture, for [redacted] (Privileged Documents).
Many videos of this incident, from surveillance cameras in the vicinity of 80th Street and Jamaica Avenue, were provided to the CCRB after a request to IAB for their investigative case file. These videos have... Read report for details.


Details

Incident: December 12, 2018
Received: March 13, 2019
Closed: May 15, 2020

Reason for contact: Traffic accident
Location: Street/highway
In NYPD 102nd Precinct Queens
Outcome: Arrest - other violation/crime

Video evidence collected