Complaint #202105736,
September 24, 2021

Officer: Gaiardelli, Mark
Complainant: Black Male, 40-44
Allegation: Discourtesy: Action
CCRB Conclusion: Unfounded
Officer: Gaiardelli, Mark
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Stremel, Richard
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Gaiardelli, Mark
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gaiardelli, Mark
Complainant: Black Male, 40-44
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Charges)
Officer: Gaiardelli, Mark
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Gaiardelli, Mark Black Male, 40-44 Discourtesy: Action Unfounded
Gaiardelli, Mark Black Male, 40-44 Abuse of Authority: Vehicle stop Unsubstantiated
Stremel, Richard Black Male, 40-44 Abuse of Authority: Vehicle stop Unsubstantiated
Gaiardelli, Mark Black Male, 40-44 Discourtesy: Word Substantiated (Command Discipline A)
Gaiardelli, Mark Black Male, 40-44 Offensive Language: Race Substantiated (Charges)
Gaiardelli, Mark Untruthful Statement: Misleading official statement Substantiated (Charges)

Conclusion Meanings:

'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

Gaiardelli, Mark
Forfeit vacation 20 days
Closed: Resolved by plea, August 26, 2024
APU Guilty
Forfeit vacation 20 days

Summary

On September 24, 2021, at approximately 8:00 a.m., Police Officers Mark Gaiardelli and Richard Stremel from the 113th Precinct stopped the vehicle in which [redacted] and [redacted] were occupants (Allegations A-B: Abuse of Authority, [redacted]). PO Gaiardelli allegedly took [redacted]'s identification in a disrespectful manner (Allegation C: Discourtesy, [redacted]). PO Gaiardelli called [redacted] and [redacted] a "bunch of animals" and "idiots" (Allegation D: Offensive Language, [redacted]; Allegation E: Discourtesy, [redacted]). The investigation found that PO Gaiardelli provided a misleading official statement to the CCRB on August 16, 2022 (Allegation F: Untruthful Statement, [redacted]). Read report for details.


Details

Incident: September 24, 2021
Closed: November 3, 2022
Last Updated: August 31, 2024

Reason for contact: Moving violation
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: Moving violation summons issued

Body-Worn Camera evidence collected