Complaint #202005460,
July 22, 2020

Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unfounded
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Offensive Language: Gender
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Guida, Daniel
Complainant: Black Male, 21-24
Allegation: Discourtesy: Action
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Guida, Daniel Black Male, 21-24 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Guida, Daniel Black Male, 21-24 Abuse of Authority: Interference with recording Unfounded
Guida, Daniel Black Male, 21-24 Offensive Language: Gender Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Guida, Daniel Black Male, 21-24 Abuse of Authority: Vehicle search Unsubstantiated
Guida, Daniel Black Male, 21-24 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Guida, Daniel Black Male, 21-24 Abuse of Authority: Vehicle stop Exonerated
Guida, Daniel Black Male, 21-24 Discourtesy: Word Substantiated (Command Discipline A)
Guida, Daniel Black Male, 21-24 Abuse of Authority: Frisk Unsubstantiated
Guida, Daniel Black Male, 21-24 Force: Chokehold Unfounded
Guida, Daniel Black Male, 21-24 Discourtesy: Action 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.
'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, April 22, 2023
APU Closed: Charges not served

Summary

On July 24, 2020, at approximately 9:40 PM, Lt. Daniel Guida of the 71st Precinct, who was with Sgt. Martin Cunningham and PO Francisco Diaz of the 71st Precinct, stopped [redacted]s vehicle at the intersection of Rogers Avenue and Montgomery Street in Brooklyn (Allegation A: Abuse of Authority, [redacted]). Lt. Guida allegedly grabbed [redacted]s neck and pulled him from the car (Allegation B: Force, [redacted]). Under Lt. Guida's supervision, PO Diaz frisked [redacted] and searched [redacted]s vehicle (Allegations C and D: Abuse of Authority, [redacted]). Neither Lt. Guida nor [redacted] wore a facemask, and Lt. Guida allegedly refused [redacted]s request that Lt. Guida maintain a safe distance from him (Allegation E: Discourtesy, [redacted]). Lt. Guida also allegedly referred to [redacted] as a "pussy" (Allegation F: Offensive Language; [redacted]). [redacted] placed a phone call to his mother, and Lt. Guida said to him, "Men don't call their mom when they're in trouble – boys do that" (Allegation G: Discourtesy, [redacted]). Lt. Guida also said that [redacted]s vehicle bore a "bullshit license plate" (also Allegation G: Discourtesy, [redacted]). Lt. Guida said that [redacted] could be arrested for operating an improperly registered vehicle and that if he saw [redacted] driving the vehicle with temporary plates or an out-of-state plate in the future, he would arrest [redacted] (Allegation H: Abuse of Authority; [redacted]). Lt. Guida allegedly interfered with [redacted]s use of a recording device (Allegation I: Abuse of Authority, [redacted]) and failed to provide a business card to [redacted] (Allegation J: Abuse of Authority, [redacted]). Ultimately, [redacted] was not arrested or issued a summons, and the officers departed. Read report for details.


Details

Incident: July 22, 2020
Received: August 5, 2020
Closed: March 30, 2022
Last Updated: December 11, 2024

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 71st Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Martin Cunningham, Francisco Diaz
Body-Worn Camera evidence collected
Video evidence collected