Complaint #202004652,
March 11, 2020

Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Question
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Officer(s) Unidentified
Officer: Guida, Daniel
Complainant: Age 30-34
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guida, Daniel
Complainant: Black Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unfounded
Officer: Guida, Daniel
Complainant: Age 30-34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guida, Daniel
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guida, Daniel
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Guida, Daniel
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Age 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nicoletti, Joseph
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer: Nicoletti, Joseph
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Guida, Daniel
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Nicoletti, Joseph
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Guida, Daniel
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Guida, Daniel
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Black Male, 60-64
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Black Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Guida, Daniel
Complainant: Black Male, 60-64
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Black Male, 60-64
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Guida, Daniel
Complainant: Black Male, 35-39
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Charges)
Officer: Guida, Daniel
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Age 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 60-64
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 35-39 Abuse of Authority: Search of Premises Officer(s) Unidentified
Unknown Officer Black Male, 35-39 Abuse of Authority: Entry of Premises Officer(s) Unidentified
Unknown Officer Black Male, 35-39 Abuse of Authority: Question Officer(s) Unidentified
Unknown Officer Black Male, 35-39 Abuse of Authority: Failure to provide RTKA card Officer(s) Unidentified
Guida, Daniel Age 30-34 Abuse of Authority: Threat to notify ACS Substantiated (Command Discipline B)
Guida, Daniel Black Male, 35-39 Discourtesy: Word Substantiated (Command Discipline A)
Guida, Daniel Black Male, 35-39 Abuse of Authority: Question Unfounded
Guida, Daniel Age 30-34 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Guida, Daniel Black Male, 35-39 Abuse of Authority: Threat to notify ACS Substantiated (Command Discipline B)
Guida, Daniel Abuse of Authority: Frisk Substantiated (Command Discipline A)
Guida, Daniel Abuse of Authority: Search (of person) Unsubstantiated
Guida, Daniel Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Guida, Daniel Age 30-34 Force: Physical force Unsubstantiated
Nicoletti, Joseph Abuse of Authority: Search of Premises Unsubstantiated
Nicoletti, Joseph Abuse of Authority: Threat of arrest Unsubstantiated
Guida, Daniel Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Nicoletti, Joseph Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Guida, Daniel Discourtesy: Word Unfounded
Guida, Daniel Discourtesy: Word Substantiated (Command Discipline A)
Guida, Daniel Black Male, 60-64 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Guida, Daniel Black Male, 35-39 Discourtesy: Word Unfounded
Guida, Daniel Black Male, 60-64 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Guida, Daniel Black Male, 60-64 Abuse of Authority: Search (of person) Unsubstantiated
Guida, Daniel Black Male, 35-39 Offensive Language: Race Substantiated (Charges)
Guida, Daniel Abuse of Authority: Stop Unsubstantiated
Unknown Officer Age 30-34 Abuse of Authority: Failure to provide RTKA card Officer(s) Unidentified
Unknown Officer Black Male, 60-64 Abuse of Authority: Failure to provide RTKA card Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Guida, Daniel
Closed: Charges not served, March 31, 2023
APU Closed: Charges not served

Summary

On March 11, 2020, at approximately 11:00 p.m., Lieutenant Daniel Guida, Sergeant John Kenny, Police Officer Francisco Diaz, Detective Michael Gonzalez, Police Officer Jason Schreckenstein, and Police Officer Joseph Nicoletti, all of the 71st Precinct, entered the [redacted] of [redacted] where [redacted] was hosting his birthday party, which his wife [redacted], his father, [redacted], his 17-year-old daughter, [redacted], and 10 to 15 unidentified guests were attending. Lieutenant Guida allegedly pushed [redacted] as he walked inside the [redacted] (Allegation A: Force, [redacted]). Lieutenant Guida entered the [redacted] apartment and threatened to arrest [redacted] and notify Administration of Child Services ("ACS") (Allegations B to D: Abuse of Authority, [redacted]). Lieutenant Guida allegedly told individuals to "shut the fuck up" (Allegation E: Discourtesy, [redacted]) and said he did not "give a fuck" about marijuana (Allegation F: Discourtesy, [redacted]). Lieutenant Guida stopped individuals at the party (Allegation G: Abuse of Authority, [redacted]). Per Lieutenant Guida's instruction, officers frisked unidentified individuals and [redacted] and allegedly searched their pockets (Allegations H to I: Abuse of Authority, [redacted], Allegations J to K: Abuse of Authority, [redacted]). PO Nicoletti threatened to arrest individuals if they did not leave the premises (Allegation L: Abuse of Authority, [redacted]). PO Nicoletti entered the [redacted] apartment and allegedly searched it (Allegation M: Abuse of Authority, [redacted], Allegation N: Abuse of Authority, [redacted]). Lieutenant Guida allegedly told [redacted] he did not "give a fuck" (Allegation O: Discourtesy, [redacted]). Lieutenant Guida allegedly questioned [redacted] about guns, and threatened to notify ACS (Allegation P: Abuse of Authority, [redacted], Allegation Q: Abuse of Authority, [redacted]). Lieutenant Guida spoke offensively and discourteously toward [redacted] (Allegation R: Offensive Language, [redacted], Allegation S:... Read report for details.


Details

Incident: March 11, 2020
Received: June 26, 2020
Closed: April 22, 2022

Reason for contact: Other
Location: Residential building
In NYPD 71st Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Francisco Diaz, Michael Gonzalez, John Kenny, Jason Schreckenstein, Reginald Smith, Morgan Taylor
Body-Worn Camera evidence collected
Video evidence collected