Complaint #201910097,
July 30, 2019

Officer: Gargano, Michael
Complainant: Black Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Officer: Nunez, Sorely
Complainant: Black Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Gargano, Michael
Complainant: Black Female, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Nunez, Sorely
Complainant: Black Female, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Nunez, Sorely
Complainant: Black Female, 50-54
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Not guilty
Officer: Gargano, Michael
Complainant: Black Female, 50-54
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Nunez, Sorely
Complainant: Black Female, 50-54
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Gargano, Michael
Complainant: Black Female, 50-54
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Not guilty
Officer: Nunez, Sorely
Complainant: Black Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Officer: Gargano, Michael
Complainant: Black Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Officer: Nunez, Sorely
Complainant: Black Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Officer: Nunez, Sorely
Complainant: Black Female, 50-54
Allegation: Offensive Language: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Gargano, Michael Black Female, 50-54 Discourtesy: Word Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Nunez, Sorely Black Female, 50-54 Discourtesy: Word Exonerated
Gargano, Michael Black Female, 50-54 Force: Physical force Exonerated
Nunez, Sorely Black Female, 50-54 Force: Physical force Exonerated
Nunez, Sorely Black Female, 50-54 Abuse of Authority: Threat re: removal to hospital Substantiated (Command Discipline A)
NYPD Disposition: APU Not guilty
Gargano, Michael Black Female, 50-54 Force: Hit against inanimate object Exonerated
Nunez, Sorely Black Female, 50-54 Force: Hit against inanimate object Exonerated
Gargano, Michael Black Female, 50-54 Abuse of Authority: Threat re: removal to hospital Substantiated (Command Discipline A)
NYPD Disposition: APU Not guilty
Nunez, Sorely Black Female, 50-54 Discourtesy: Word Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Gargano, Michael Black Female, 50-54 Discourtesy: Word Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Nunez, Sorely Black Female, 50-54 Discourtesy: Word Substantiated (Command Discipline A)
NYPD Disposition: APU Guilty
Nunez, Sorely Black Female, 50-54 Offensive Language: Other Substantiated (Command Discipline B)

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.

Further details on conclusions.


Penalties

Gargano, Michael
Closed: Guilty after trial-PC Approved, August 20, 2024
Forfeit vacation 5 days

Nunez, Sorely
Closed: Guilty after trial-PC Approved, August 20, 2024
Forfeit vacation 5 days

Summary

On July 30, 2019, at approximately 11:29 a.m., [redacted] attempted to shoplift from a Target store located at 445 Albee Square in Brooklyn and was removed from the store by security personnel. After being ejected, she returned to the store and engaged in a verbal dispute with staff about the whereabouts of her cellphone. As a result, PO Michael Gargano and PO Sorely Nunez of the 84th Precinct arrived on scene. As [redacted] handled her belongings, PO Gargano told her not to "fucking throw shit" (Allegation A: Discourtesy, [redacted]). PO Nunez threatened to take [redacted] to the hospital (Allegation B: Abuse of Authority, [redacted]). PO Gargano and PO Nunez allegedly pushed [redacted] against a large plate glass window and took her to the ground where they handcuffed her (Allegations C to F: Force, [redacted]). PO Gargano threatened to take [redacted] to the hospital (Allegation G: Abuse of Authority, [redacted]). PO Nunez told [redacted] "Calm the fuck down... You tried to fucking punch me, are you crazy?" asking additional times whether she was "crazy" (Allegation H: Discourtesy, [redacted]), (Allegation I: Discourtesy, [redacted]), (Allegation J: Offensive Language, [redacted]). PO Nunez also told [redacted] to "sit the fuck down," and that she "threw shit," and PO Gargano told her, "Now you fucked up good. You fucked up good," that she threw "shit," and wanted to "start shit up" (Allegations K and L: Discourtesy, [redacted]). PO Gargano and PO Nunez arrested [redacted] and she was transported to the 84th Precinct stationhouse. Read report for details.


Details

Incident: July 30, 2019
Received: November 20, 2019
Closed: July 21, 2021
Last Updated: October 2, 2025

Reason for contact: Report of other crime
Location: Commercial building
In NYPD 84th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Mauricio Fuentes, Steven Merslich, Matthew Wong
Body-Worn Camera evidence collected