Complaint #201911019,
December 11, 2019

Officer: Luciano, Lauren
Complainant: Hispanic Female, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Gutierrez, Jose
Complainant: Hispanic Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Gutierrez, Jose
Complainant: Hispanic Female, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Gutierrez, Jose
Complainant: Hispanic Female, 21-24
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Jose
Complainant: Hispanic Female, 21-24
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Jose
Complainant: Hispanic Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Jose
Complainant: Hispanic Female, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gutierrez, Jose
Complainant: Hispanic Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Luciano, Lauren Hispanic Female, 21-24 Discourtesy: Word Exonerated
Gutierrez, Jose Hispanic Female, 50-54 Discourtesy: Word Unfounded
Gutierrez, Jose Hispanic Female, 21-24 Discourtesy: Word Unfounded
Gutierrez, Jose Hispanic Female, 21-24 Abuse of Authority: Refusal to provide name Unsubstantiated
Gutierrez, Jose Hispanic Female, 21-24 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Gutierrez, Jose Hispanic Female, 50-54 Discourtesy: Word Unsubstantiated
Gutierrez, Jose Hispanic Female, 21-24 Discourtesy: Word Unsubstantiated
Gutierrez, Jose Hispanic Female, 50-54 Discourtesy: Word Unfounded

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.
'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 December 11, 2019, [redacted] called the police because of an ongoing dispute with her neighbor, [redacted] At approximately 8 p.m., PO Jose Gutierrez and PO Lauren Luciano from the 105th Precinct responded to the [redacted] house located at [redacted]. [redacted]s mother, [redacted] asked PO Gutierrez in Spanish what she should do regarding the dispute. PO Gutierrez allegedly told her they were going to have to live with it or "move the fuck out" (Allegation A: Discourtesy – [redacted]). The officers then spoke with [redacted] and left.
About an hour later, [redacted] called the police again because [redacted] and [redacted]s sister, were involved in a dispute with [redacted] PO Gutierrez and PO Luciano responded, and PO Gutierrez allegedly said over the patrol vehicle loudspeaker that they were tired of "these fucking calls" (Allegation B and C: Discourtesy - [redacted]). PO Gutierrez then allegedly asked [redacted] and [redacted] what "the fucking problem" was now (Allegation D and E: Discourtesy – [redacted]). [redacted] told him there was a fight and PO Luciano allegedly told [redacted] to "shut the fuck up" and get in the house (Allegation F: Discourtesy – [redacted]). [redacted] was subsequently arrested and PO Gutierrez and PO Luciano placed her in the patrol vehicle. [redacted] went to the police vehicle where both officers were seated and asked them for their names and shield numbers. PO Gutierrez allegedly said that she was not entitled to that information (Allegation G and H: Abuse of Authority - [redacted]. PO Luciano verbally provided her information. The officers then left. [redacted]
[redacted] and [redacted] were arrested for [redacted] (BR 1-2). Read report for details.


Details

Incident: December 11, 2019
Received: December 26, 2019
Closed: May 13, 2021

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected