Complaint #201909824,
October 1, 2019

Officer: Cuevas, Gabriel
Complainant: Black Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Cuevas, Gabriel
Complainant: Black Male, 38
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Cuevas, Gabriel
Complainant: Black Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cuevas, Gabriel
Complainant: Black Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cuevas, Gabriel
Complainant: Black Male, 38
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cuevas, Gabriel
Complainant: Black Male, 38
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Johnson, Corey
Complainant: Black Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Johnson, Corey
Complainant: Black Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Johnson, Corey
Complainant: Black Male, 38
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Johnson, Corey
Complainant: Black Male, 38
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Cuevas, Gabriel Black Male Abuse of Authority: Stop Exonerated
Cuevas, Gabriel Black Male, 38 Abuse of Authority: Interference with recording Unsubstantiated
Cuevas, Gabriel Black Male Abuse of Authority: Frisk Substantiated (Command Discipline B)
Cuevas, Gabriel Black Male Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Cuevas, Gabriel Black Male, 38 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Cuevas, Gabriel Black Male, 38 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Johnson, Corey Black Male Abuse of Authority: Frisk Substantiated (Formalized Training)
Johnson, Corey Black Male Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Johnson, Corey Black Male, 38 Abuse of Authority: Frisk Substantiated (Formalized Training)
Johnson, Corey Black Male, 38 Abuse of Authority: Search (of person) Substantiated (Formalized Training)

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

Cuevas, Gabriel
Command Discipline - B
Command Discipline - B (Vacation: 5 days)

Johnson, Corey
Formalized Training

Summary

On October 1, 2019, [redacted] was standing on the sidewalk outside [redacted] in Brooklyn with his friends, [redacted] and [redacted] (last name unknown). Police Officer Corey Johnson, Police Officer Andrew Tofalli, and Sergeant Gabriel Cuevas, all of the 77th Precinct, stopped [redacted] and [redacted] (Allegation A: Abuse of Authority, [redacted]. PO Johnson, in the presence of Sgt. Cuevas, frisked and searched [redacted] (Allegations B through E: Abuse of Authority, [redacted] and [redacted] (Allegations F through I: Abuse of Authority, [redacted]. Sgt. Cuevas and PO Johnson allegedly tried to knock [redacted]'s phone, which he was using to record the incident, from his hands (Allegations J: Abuse of Authority, [redacted].
[redacted] was issued a summons for unlawful possession of marijuana (Board Review 19). The Office of Court Administration ("OCA") does not have any record of the disposition of this summons (Board Review 25). [redacted] was not arrested or summonsed. Read report for details.


Details

Incident: October 1, 2019
Received: November 11, 2019
Closed: July 14, 2020

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

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