Complaint #201904945,
May 29, 2019

Officer: Cuevas, Gabriel
Complainant: Black Male, 24
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Cuevas, Gabriel
Complainant: Black Male, 24
Allegation: Discourtesy: Demeanor/tone
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Cuevas, Gabriel
Complainant: Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Cuevas, Gabriel
Complainant: Black Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Cuevas, Gabriel
Complainant: Black Male, 24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Cuevas, Gabriel
Complainant: Black Male, 24
Allegation: Discourtesy: Action
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Cuevas, Gabriel
Complainant: Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Cuevas, Gabriel
Complainant: Black Male, 24
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Cuevas, Gabriel Black Male, 24 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Cuevas, Gabriel Black Male, 24 Discourtesy: Demeanor/tone Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Cuevas, Gabriel Male, 24 Abuse of Authority: Frisk Exonerated
Cuevas, Gabriel Black Male, 24 Abuse of Authority: Frisk Exonerated
Cuevas, Gabriel Black Male, 24 Abuse of Authority: Vehicle search Exonerated
Cuevas, Gabriel Black Male, 24 Discourtesy: Action Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Cuevas, Gabriel Male, 24 Abuse of Authority: Search (of person) Exonerated
Cuevas, Gabriel Black Male, 24 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.
'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

At approximately 4:10 p.m. on May 29, 2019, [redacted] and [redacted] were driving near the intersection of Schenectady Avenue and St. Johns Place in Brooklyn when they were pulled over for a broken brake light by Sergeant Gabriel Cuevas and Police Officer [redacted] Tofalli of the 77th Precinct. The officers ordered both civilians to exit the vehicle. When the civilians stepped out, the officers frisked them (Allegations A and B: Abuse of Authority – Frisk, [redacted]). Sergeant Cuevas also searched [redacted] (Allegation C: Abuse of Authority – Search, [redacted]). Police Officer Tofalli then searched the civilians' vehicle while Sergeant Cuevas stood with them at the rear of the vehicle (Allegation D: Abuse of Authority – Vehicle search, [redacted]). Marijuana and an expandable baton were recovered from the vehicle. [redacted] was arrested for unlawful possession of marijuana, criminal possession of a weapon and for having a broken brake light (Board Review #01: Arrest Report). Sergeant Cuevas allegedly refused to provide his shield number to [redacted] after his arrest (Allegation E: Abuse of Authority - Refusal to provide shield number, [redacted]). The investigation also determined that, throughout the incident, Sergeant Cuevas spoke and acted in a consistently rude and disrespectful manner towards [redacted] (Allegation F: Discourtesy – Demeanor/tone, [redacted]; Allegation G: Discourtesy - Action, [redacted]). The officers took custody of [redacted]'s vehicle and transported it to the 77th Precinct stationhouse (Allegation H: Abuse of Authority – Seizure of property, [redacted]). Read report for details.


Details

Incident: May 29, 2019
Received: June 7, 2019
Closed: December 3, 2019

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Andrew Tofalli
Body-Worn Camera evidence collected
Video evidence collected