Complaint #202008256, December 2020

Incident: December 15, 2020
Received: December 17, 2020
Closed: May 18, 2022


Documents:
Complaint Closing Report
NYPD Trial Decision (Jason Garcia)
APU Quarterly Report summary (Jason Garcia)

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
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

Penalties

Mcleish, Danilo
No Disciplinary Action-DUP
No penalty

Garcia, Jason
Closed: Not guilty after trial, January 2023
APU Not guilty


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct 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' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.