Complaint #202104948,
June 17, 2021

Officer: Unknown Officer
Complainant: Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Unavailable
Officer: Stalikas, James
Complainant: Male, 30-34
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Capellan, Gary
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Stalikas, James
Complainant: Male, 30-34
Allegation: Force: Vehicle
CCRB Conclusion: Unfounded
Officer: Busch, William
Complainant: Male, 30-34
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Busch, William
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Capellan, Gary
Complainant: Male, 30-34
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 30-34
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Alleged Victim Unavailable
Officer: Capellan, Gary
Complainant: Black Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Spina, Joseph
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Capellan, Gary
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Male, 30-34 Force: Physical force Alleged Victim Unavailable
Stalikas, James Male, 30-34 Force: Nonlethal restraining device Exonerated
Capellan, Gary Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Stalikas, James Male, 30-34 Force: Vehicle Unfounded
Busch, William Male, 30-34 Force: Nonlethal restraining device Exonerated
Busch, William Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Capellan, Gary Male, 30-34 Abuse of Authority: Property damaged Exonerated
Unknown Officer Male, 30-34 Force: Nonlethal restraining device Alleged Victim Unavailable
Capellan, Gary Black Male, 18-20 Discourtesy: Word Exonerated
Spina, Joseph Black Male, 18-20 Force: Physical force Exonerated
Capellan, Gary Black Male, 18-20 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)

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

Capellan, Gary
No Disciplinary Action-DUP
No penalty

Summary

At about 9:55 a.m. on June 17, 2021, Sergeant William Busch, Police Officer James Stalikas, and Detectives Gary Capellan, Joseph Spina, and Steven Cruver, all assigned to Bronx Warrants, attempted to stop [redacted] who was wanted for a recent shooting and other offenses, as he drove down Forrest Avenue in the Bronx. The officers used two minivans to enclose [redacted]s vehicle. Momentarily, he came to a stop. As Detective Capellan proceeded to approach [redacted]s vehicle, along with Sgt. Busch, he pointed his taser at [redacted]s driver's side window [Allegation A: Abuse of Authority – Threat of Force, [redacted]]. It's alleged that PO Stalikas rammed his minivan into [redacted]s vehicle [Allegation B: Force – Vehicle, [redacted]] but this is uncorroborated. In fact, [redacted] rammed both police vehicles, as he tried to escape the officers. To stop him, Sgt. Busch reached through [redacted]s passenger window, and deployed his taser against him [Allegation C: Force – Nonlethal Restraining Device (Taser), [redacted]] -- but [redacted] was able to break one of the wires or otherwise rendered the taser ineffective. He then rolled up his passenger window, trapping Sgt. Busch's arm between the top of the window and the frame. Allegedly, Sgt. Busch told [redacted] "I am going to kill you" [Allegation D: Abuse of Authority – Threat of Force, [redacted]].
Detective Gary Capellan tried to open the driver's side doors to [redacted]s vehicle, but they were locked. He used a sledgehammer to break [redacted]s rear driver's side window [Allegation E: Abuse of Authority – Property Damaged, [redacted]]. Detective Capellan and PO Stalikas then each saw [redacted] reaching for a firearm on the floor behind the passenger seat. Through the broken window, PO Stalikas fired his taser into [redacted]s back [Allegation F: Force – Nonlethal Restraining Device (taser), [redacted]] temporarily incapacitating him. PO Stalikas and Detective Capellan removed [redacted] from the vehicle and handcuffed him on the roadway. Attracted by the... Read report for details.


Details

Incident: June 17, 2021
Received: August 19, 2021
Closed: September 7, 2022

Reason for contact: PD suspected C/V of violation/crime - street
Location: Apartment/house
In NYPD 42nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Steven Cruver
Body-Worn Camera evidence collected
Video evidence collected