Complaint #201904461,
January 24, 2019

Officer: Garcia, Brian
Allegation: Abuse of Authority: Entry of Premises
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Garcia, Brian
Complainant: Black Female, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Burke, Timothy
Complainant: Black Female, 29
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Leone, Patrick
Allegation: Abuse of Authority: Entry of Premises
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Leone, Patrick
Complainant: Black Female, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Garcia, Brian
Allegation: Abuse of Authority: Search of Premises
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Leone, Patrick
Allegation: Abuse of Authority: Search of Premises
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Garcia, Brian Abuse of Authority: Entry of Premises Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Garcia, Brian Black Female, 29 Force: Physical force Exonerated
Burke, Timothy Black Female, 29 Force: Nonlethal restraining device Exonerated
Leone, Patrick Abuse of Authority: Entry of Premises Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Leone, Patrick Black Female, 29 Force: Physical force Exonerated
Garcia, Brian Abuse of Authority: Search of Premises Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Leone, Patrick Abuse of Authority: Search of Premises Unsubstantiated
CCRB Investigator Recommendation: Substantiated

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.
'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 January 24, 2019, at approximately at 7:08 p.m., [redacted] was home at [redacted] in the Bronx. Police Officer Brian Garcia and Police Officer Patrick Leone, both of the 44th Precinct, entered the apartment to find and arrest [redacted] (Allegations A, B, C, and D – Abuse of Authority, [redacted]). Sergeant Timothy Burke, and additional officers, all of the 44th Precinct, arrived. Soon after, PO Garcia and PO Leone used physical force against [redacted] (Allegations E and F Physical Force, [redacted]) and Sgt. Burke tased her (Allegation G-Force, [redacted]). [redacted] was handcuffed, arrested, and ultimately charged with [redacted]. Read report for details.


Details

Incident: January 24, 2019
Received: May 22, 2019
Closed: March 11, 2021

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Christopher Alvarado, Ryan Brady, Miguel Castillo, Johnathon Concepcion, Scott Ferguson, Xavier Fernandez, Uriel Lames, Judith Marrero
Body-Worn Camera evidence collected