Complaint #201903905,
September 10, 2018

Officer: Gutierrez, Eric
Complainant: Male, 43
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Eric
Complainant: Male, 43
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Gutierrez, Eric
Complainant: Male, 43
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Eric
Complainant: Male, 43
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Casale, Paul
Complainant: Male, 43
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gutierrez, Eric
Complainant: Male, 43
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Gutierrez, Eric
Complainant: Male, 43
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Eric
Complainant: Male, 43
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 40-44
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Officer(s) Unidentified
Officer: Maynard, Robert
Complainant: Male, 43
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Casale, Paul
Complainant: Male, 43
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Maynard, Robert
Complainant: Male, 43
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Gutierrez, Eric Male, 43 Abuse of Authority: Vehicle search Unsubstantiated
Gutierrez, Eric Male, 43 Abuse of Authority: Question Exonerated
Gutierrez, Eric Male, 43 Abuse of Authority: Seizure of property Unsubstantiated
Gutierrez, Eric Male, 43 Abuse of Authority: Stop Exonerated
Casale, Paul Male, 43 Abuse of Authority: Stop Exonerated
Gutierrez, Eric Male, 43 Abuse of Authority: Refusal to provide shield number Unfounded
Gutierrez, Eric Male, 43 Abuse of Authority: Search (of person) Unsubstantiated
Gutierrez, Eric Male, 43 Abuse of Authority: Frisk Exonerated
Unknown Officer Male, 40-44 Abuse of Authority: Seizure of property Officer(s) Unidentified
Maynard, Robert Male, 43 Discourtesy: Word Unsubstantiated
Casale, Paul Male, 43 Abuse of Authority: Seizure of property Exonerated
Maynard, Robert Male, 43 Abuse of Authority: Other 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.
'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 10, 2018, at approximately 9:00 p.m. PO Eric Gutierrez and PO Paul Casale of the 70th Precinct stopped [redacted] who was double parked, in front of 2015 Dorchester Road in Brooklyn PO Gutierrez requested [redacted]'s license and registration and ordered him out of the vehicle (Allegations A and B, Abuse of Authority, exonerated). PO Gutierrez searched [redacted]'s vehicle (Allegation C, Abuse of Authority, unsubstantiated) and then asked if there was a gun in the vehicle, which [redacted] denied (Allegation D, Abuse of Authority, unsubstantiated). PO Gutierrez frisked and allegedly searched [redacted] (Allegation E, exonerated and Allegation F, Abuse of Authority, unsubstantiated). Additional officers from the 70th Precinct, including Sgt. Robert Maynard, responded. [redacted] was detained and taken to the 70th Precinct stationhouse (Allegation G, Abuse of Authority, exonerated). His vehicle was seized and subsequently searched at the stationhouse (Allegation H, Abuse of Authority, exonerated). After [redacted] was released, while still at the 70th Precinct stationhouse, he asked PO Gutierrez for his name and shield number. PO Gutierrez allegedly did not provide his shield number (Allegation I, Abuse of Authority, unfounded). [redacted] also spoke to Sgt. Maynard at the precinct stationhouse and accused him of being racist. Sgt. Maynard allegedly replied "Racist, my ass. I'm racist? You son of bitch. How the fuck am I racist?" (Allegation J, Discourtesy, unsubstantiated). Sgt. Maynard told [redacted] that the men in the neighborhood were "shit bags" (within Allegation J). [redacted]'s driver's license and jacket were not returned. (Allegations K and L, Abuse of Authority, unsubstantiated and officer(s) unidentified).
[redacted]'s arrest was voided, and he was not charged with any violations or issued a summons. Read report for details.


Details

Incident: September 10, 2018
Received: May 6, 2019
Closed: March 4, 2020

Reason for contact: Parking violation
Location: Street/highway
In NYPD 70th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: John Baggs, Shane Ellers