Complaint #202002878,
April 10, 2020

Officer: Garcia, Francisco
Complainant: Black Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Garcia, Francisco
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Garcia, Francisco
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Porras, David
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Cucciniello, Thomas
Complainant: Black Male, 35-39
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Porras, David
Complainant: Black Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Herrarte, Kenneth
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Porras, David
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Porras, David
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Porras, David
Complainant: Black Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Garcia, Francisco Black Male, 35-39 Discourtesy: Word Miscellaneous - Subject Retired
Garcia, Francisco Black Male, 35-39 Force: Physical force Miscellaneous - Subject Retired
Garcia, Francisco Black Male, 35-39 Force: Physical force Miscellaneous - Subject Retired
Porras, David Black Male, 35-39 Abuse of Authority: Search (of person) Unsubstantiated
Cucciniello, Thomas Black Male, 35-39 Force: Nonlethal restraining device Exonerated
Porras, David Black Male, 35-39 Discourtesy: Word Exonerated
Herrarte, Kenneth Black Male, 35-39 Abuse of Authority: Stop Exonerated
Porras, David Black Male, 35-39 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Porras, David Black Male, 35-39 Force: Physical force Exonerated
Porras, David Black Male, 35-39 Discourtesy: Word Substantiated (Command Discipline A)

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.


Penalty

Porras, David
Closed: Charges not served, June 15, 2023
APU Closed: Charges not served

Summary

On April 10, 2020, at approximately 6:07 p.m., in front of 201 Madison Street in Manhattan, [redacted] was standing at 201 Madison Street in Manhattan when two unmarked vehicles drove by. Lt. Kenneth Herrarte, PO Francisco Garcia, PO Thomas Cucciniello, and PO David Porras from PSA 4 exited the vehicles and approached [redacted] (Allegation A: Abuse of Authority Stop, [redacted]). PO Garcia grabbed [redacted] left forearm, placed pressure on the wrist, and bent his hand back (Allegation B: Force – Physical Force, [redacted]). PO Porras grabbed [redacted] right forearm and attempted to pull it behind his back, bent at the [redacted] wrist (Allegation C: Force – Physical Force, [redacted]). [redacted] told PO Garcia to remove his hand, and PO Garcia responded, "Shut the fuck up" (Allegation D: Discourtesy – Word, [redacted]). When [redacted] attempted to hand his bag to his sister, [redacted], PO Porras grabbed the bag, opened it, and looked inside (Allegation E: Abuse of Authority – Search, [redacted]). PO Garcia slapped [redacted] across the left side of his face (Allegation F: Force – Physical Force, [redacted]). PO Cucciniello discharged his taser toward [redacted] 1). Once stomach area (Allegation G: Force – Nonlethal restraining device, [redacted]) fell to the floor, PO Porras pointed a taser to his face and stated, "Put the fucking hands behind the back, or you're going to get tased in the fucking face. It's very simple" (Allegation H: Discourtesy – Word, [redacted]). (Allegation I: Abuse of Authority – Threat of Force, [redacted]). [redacted] was (Allegation J: Discourtesy: Word, [redacted]). [redacted] was arrested and charged with rioting, resisting arrest, obstructing governmental administration, disorderly conduct, and unlawful possession of marijuana. Read report for details.


Details

Incident: April 10, 2020
Received: April 27, 2020
Closed: April 21, 2022

Reason for contact: Execution of arrest/bench warrant
Location: Street/highway
In NYPD 7th Precinct Manhattan
Outcome: Arrest - resisting arrest

Witness Officers: Zachary Palladino
Body-Worn Camera evidence collected