Complaint #202008256,
December 15, 2020

Officer: Garcia, Jason
Complainant: Black Female, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Garcia, Jason
Complainant: Black Female, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Garcia, Jason
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Mcleish, Danilo
Complainant: Black Female, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Garcia, Jason
Complainant: Black Female, 40-44
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Garcia, Jason
Complainant: Black Female, 40-44
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unfounded
Officer: Mcleish, Danilo
Complainant: Black Female, 40-44
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Male
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Mcleish, Danilo
Complainant: Black Female, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Kissane, Richard
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Garcia, Jason Black Female, 40-44 Discourtesy: Word Exonerated
Garcia, Jason Black Female, 40-44 Force: Physical force Exonerated
Garcia, Jason Black Female, 40-44 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Mcleish, Danilo Black Female, 40-44 Discourtesy: Word Exonerated
Garcia, Jason Black Female, 40-44 Force: Chokehold Substantiated (Charges)
Garcia, Jason Black Female, 40-44 Force: Hit against inanimate object Unfounded
Mcleish, Danilo Black Female, 40-44 Force: Hit against inanimate object Unfounded
Unknown Officer Black Male, 10-14 Force: Physical force Unfounded
Unknown Officer Male Force: Physical force Unfounded
Mcleish, Danilo Black Female, 40-44 Discourtesy: Word Substantiated (Command Discipline A)
Kissane, Richard Black Female, 40-44 Abuse of Authority: Entry of Premises Unsubstantiated

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.


Penalties

Mcleish, Danilo
No Disciplinary Action-DUP
No penalty

Garcia, Jason
Closed: Not guilty after trial-PC Approved, January 25, 2023
APU Not guilty

Summary

On December 5, 2020, at 5:00 p.m., [redacted] got into a physical altercation with her neighbor in her building, located at [redacted] in the Bronx. [redacted] called 911 and PO Jason Garcia and PO Danilo McLeish along with other officer from the 48th Precinct responded to the location. The officers determined that both [redacted] and her neighbor would be arrested and PO Kissane and officers followed [redacted] into her apartment to arrest her (Allegation A – Abuse of Authority: [redacted]). PO Garcia and PO McLeish allegedly slammed [redacted] into a wall (Allegations B and C – Force: [redacted]). PO Garcia placed [redacted] into a chokehold (Allegation D – Force: [redacted]). PO Garcia forcibly took [redacted] to the floor (Allegation E – Force: [redacted]). PO Garcia told [redacted] "You're going to get fucking tased," and arced his taser (Allegation F – [redacted]) (Allegation G – Abuse of Authority: [redacted]). PO McLeish said to [redacted] "Give me your fucking hands" Allegation H – Discourtesy [redacted]). After the officers placed [redacted] in handcuffs the officers escorted her out of the building. While walking out, PO McLeish said "bloodclot" while speaking with [redacted] (Allegation I – Discourtesy: [redacted]). After the incident, [redacted] learned that the officers allegedly pushed her two children, [redacted] and [redacted] (Allegation J and K – Force: [redacted]). [redacted] arrest was voided after they officers deemed her to not be the primary aggressor. Read report for details.


Details

Incident: December 15, 2020
Received: December 17, 2020
Closed: May 18, 2022
Last Updated: October 2, 2025

Reason for contact: Report of other crime
Location: Apartment/house
In NYPD 48th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Juan Acostavilla, Nicole Krauss
Body-Worn Camera evidence collected
Video evidence collected