Complaint #202004470,
June 2, 2020

Officer: Montera, Christopher
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Tuma, Garry
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Montera, Christopher
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Tuma, Garry
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Tuma, Garry
Allegation: Offensive Language: Gender
CCRB Conclusion: Substantiated (Charges)
Officer: Aliffi, Frank
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Aliffi, Frank
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unfounded
Officer: Aliffi, Frank
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Glynn, Robert
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Tuma, Garry
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Mackenzie, Hugh
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Mackenzie, Hugh
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Montera, Christopher
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Tuma, Garry
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Tuma, Garry
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Montera, Christopher Hispanic Male, 30-34 Force: Physical force Exonerated
Tuma, Garry Hispanic Male, 30-34 Force: Physical force Exonerated
Montera, Christopher Abuse of Authority: Search (of person) Unsubstantiated
Tuma, Garry Abuse of Authority: Search (of person) Unsubstantiated
Tuma, Garry Offensive Language: Gender Substantiated (Charges)
Aliffi, Frank Hispanic Male, 30-34 Abuse of Authority: Vehicle search Exonerated
Aliffi, Frank Hispanic Male, 30-34 Abuse of Authority: Search (of person) Unfounded
Aliffi, Frank Hispanic Male, 30-34 Force: Physical force Exonerated
Glynn, Robert Hispanic Male, 30-34 Force: Physical force Unfounded
Tuma, Garry Discourtesy: Word Exonerated
Mackenzie, Hugh Hispanic Male, 30-34 Abuse of Authority: Stop Exonerated
Mackenzie, Hugh Abuse of Authority: Stop Exonerated
Montera, Christopher Discourtesy: Word Exonerated
Tuma, Garry Abuse of Authority: Frisk Unsubstantiated
Tuma, Garry Abuse of Authority: Threat of arrest 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Tuma, Garry
Closed: Charges not served, June 30, 2023
APU Closed: Charges not served

Summary

On June 2, 2020, at approximately 10:40 PM, which was after the then-in-effect Mayoral curfew, [redacted] and a group of people were outside [redacted] in the Bronx after a barbeque. Multiple members of service (MOS) from the 52nd Precinct, led by Lieutenant Hugh Mackenzie, including Sergeant Frank Aliffi, Police Officer Christopher Montera, and Police Officer Garry Tuma approached this group while on patrol (Allegations A & B: Abuse of Authority – Stop, [redacted]). Sgt. Aliffi allegedly searched [redacted] (Allegation C: Abuse of Authority – Search, [redacted]). PO Tuma allegedly frisked individuals and searched other individuals (Allegations D: Abuse of Authority - Frisk, [redacted] & Allegation E: Abuse of Authority – Search, [redacted]). PO Montera also allegedly searched individuals. (Allegation F: Abuse of Authority – Search, [redacted]).
After these alleged searches, Sgt. Aliffi searched [redacted]'s vehicle parked in front of the building (Allegation G: Abuse of Authority – Vehicle Search, [redacted]). Around the time Sgt. Aliffi opened the door and throughout the rest of the incident, PO Tuma used words such as "bitch" and "pussy" when speaking to civilians (Allegation H: Offensive Language – Gender, [redacted]). PO Tuma also used profanity when speaking to civilians shortly after arriving and would continue to use the word "fuck" and its variants until the end of the interaction. (Allegation I: Discourtesy - Word, [redacted]).
At that point an angry [redacted] shouted at Sgt. Aliffi, telling him to get out of his car while standing very close and clapping his hands, which caused Sgt. Aliffi to shove [redacted]'s chest (Allegation J: Physical Force – Pushed/Shoved/Threw, [redacted]). At that point, PO Montera and PO Tuma attempted to separate [redacted] from Sgt. Aliffi and a shoving match ensued (Allegations K & L: Physical Force – Pushed/Shoved/Threw, [redacted]). At that point PO Montera also used profanity when speaking to civilians (Allegation M: Discourtesy – Word,... Read report for details.


Details

Incident: June 2, 2020
Received: June 22, 2020
Closed: April 19, 2022

Reason for contact: Moving violation
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Alexander Allen, Shawn Deluca, Gina Mestre, Thomas Mullarkey, James Obrien, William Otoole, Joseph Pinero, Kenneth Rivera, Shawn Romero, Mannix Teng
Body-Worn Camera evidence collected
Video evidence collected