Complaint #202105658,
September 13, 2021

Officer: Mcleish, Danilo
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Mcleish, Danilo
Complainant: Black Male, 21-24
Allegation: Force: Nonlethal restraining device
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Sanchez, Vincent
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Sanchez, Vincent
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Carvajalhernandez, Oliva
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mcleish, Danilo
Complainant: Black Male, 21-24
Allegation: Offensive Language: Gender
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Whelan, Joseph
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Mcleish, Danilo
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Whelan, Joseph
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Vantress, Matthew
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Whelan, Joseph
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Mcleish, Danilo
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Mcleish, Danilo
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mcleish, Danilo
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Mcleish, Danilo Black Male, 21-24 Discourtesy: Word Exonerated
Mcleish, Danilo Black Male, 21-24 Force: Nonlethal restraining device Exonerated
CCRB Investigator Recommendation: Substantiated
Sanchez, Vincent Black Male, 21-24 Discourtesy: Word Miscellaneous - Subject Retired
Sanchez, Vincent Black Male, 21-24 Abuse of Authority: Refusal to process civilian complaint Miscellaneous - Subject Retired
Carvajalhernandez, Oliva Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Mcleish, Danilo Black Male, 21-24 Offensive Language: Gender Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Offensive Language: Other on December 9, 2024
Whelan, Joseph Black Male, 21-24 Discourtesy: Word Exonerated
Mcleish, Danilo Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Whelan, Joseph Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Vantress, Matthew Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Whelan, Joseph Black Male, 21-24 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Mcleish, Danilo Black Male, 21-24 Discourtesy: Word Substantiated (Command Discipline A)
Mcleish, Danilo Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Mcleish, Danilo Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Exonerated
CCRB Investigator Recommendation: Substantiated

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.
'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

Carvajalhernandez, Oliva
No Disciplinary Action-DUP
No penalty

Mcleish, Danilo
Closed: MOS Resigned, September 4, 2024
APU Closed: MOS Resigned

Whelan, Joseph
Command Discipline - B
Command Discipline - B (Vacation: 5 days)

Summary

At approximately 3:50 p.m. on September 13, 2021, [redacted] and his girlfriend [redacted] got into an argument near the intersection of East 179th Street and Vyse Avenue in the Bronx. [redacted] called 911 and reported that [redacted] had struck her. Police Officer Danilo McLeish and Police Officer Joseph Whelan of the 48th Precinct responded to the location. Police Officer Whelan told [redacted] "Don't fucking move" (Allegation A: Discourtesy – Word, [redacted]). [redacted] tried to run from the officers. The officers chased him. Police Officer McLeish told [redacted] "You're going to get fucking Tased" (Allegation B: Discourtesy – Word, [redacted]; Allegation C: Abuse of Authority – Threat of force, [redacted]). He then fired his Taser at [redacted] as they ran (Allegation D: Force – Nonlethal restraining device, [redacted]). [redacted] then tripped and fell to the ground. Once he was down, Police Officer Whelan used profanity again towards [redacted] stating, "Don't fucking move" and "Turn the fuck over" (Subsumed in Allegation A). Police Officer Whelan then grabbed and pulled on [redacted] hair (Allegation E: Force - Physical force, [redacted]). He then pointed his Taser at [redacted] head and threatened to use it (Allegation F: Abuse of Authority – Threat of force, [redacted]). Police Officer McLeish also threatened to use his Taser a second time (Allegation G: Abuse of Authority – Threat of force, [redacted]).
The officers placed [redacted] into handcuffs and lifted him to his feet. After he was standing, Police Officer McLeish told him, "You're going to get fucking stunned," "Don't tell them to fucking calm down, bro," "Shut up, pussy," and, "I'll fuck you up" (Allegation H: Abuse of Authority - Threat of force, [redacted]; Allegation I: Discourtesy – Word, [redacted]; Allegation J: Offensive Language – Gender, [redacted]). Several other officers, including Police Officer Oliva Carvajal-Hernandez, responded to the location and assisted in loading [redacted] into a police vehicle for transport. While... Read report for details.


Details

Incident: September 13, 2021
Received: September 21, 2021
Closed: December 12, 2022
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 48th Precinct Bronx
Outcome: Arrest - resisting arrest

Body-Worn Camera evidence collected