Complaint #202208707,
December 12, 2022

Officer: Fuentes, Jose
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Fuentes, Jose
Complainant: Black Female, 15-17
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Fuentes, Jose
Complainant: Black Female, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Fuentes, Jose
Complainant: Male, 65-69
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guamangarcia, Jerson
Complainant: Male, 65-69
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Fuentes, Jose
Complainant: Male, 65-69
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guamangarcia, Jerson
Complainant: Male, 65-69
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Fuentes, Jose Black Female, 45-49 Force: Physical force Unfounded
Fuentes, Jose Black Female, 15-17 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Fuentes, Jose Black Female, 45-49 Discourtesy: Word Substantiated (Command Discipline A)
Fuentes, Jose Male, 65-69 Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Guamangarcia, Jerson Male, 65-69 Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Fuentes, Jose Male, 65-69 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Guamangarcia, Jerson Male, 65-69 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)

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.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Fuentes, Jose
Closed: Retained, with discipline, June 11, 2024
APU Closed: Retained, with discipline
Command Discipline A

Guamangarcia, Jerson
Closed: Retained, without discipline, June 11, 2024
APU Closed: Retained, without discipline

Summary

At approximately 10:50 AM on December 12, 2022, PO Jerson Guaman-Garcia and PO Jose Fuentes of PSA 2 went to [redacted] in Brooklyn to conduct a domestic violence home visit for [redacted] his girlfriend [redacted] and [redacted] children, [redacted] (17 years old at the time of this incident) and [redacted] (15 years old at the time of this incident) were in the apartment at the time. There was an active order of protection naming [redacted] as perpetrator and [redacted] as victim, barring [redacted] from visiting this location. PO Fuentes and PO Guaman-Garcia entered and searched [redacted] in order to arrest [redacted] (Allegations A through D: Abuse of Authority, [redacted]). PO Fuentes and PO Guaman-Garcia found [redacted] in a bedroom in the apartment. PO Fuentes allegedly pushed [redacted] while handcuffing her (Allegation E: Force, [redacted]). PO Fuentes told [redacted] that if she did not back away from him, she would be arrested (Allegation F: Abuse of Authority, [redacted]). In response to [redacted] stating that PO Fuentes was "messing with a family," PO Fuentes said, "This isn't a family," three times (Allegation G: Discourtesy, [redacted]). [redacted] was arrested for violating the order of protection naming her as a perpetrator (BR 02). Read report for details.


Details

Incident: December 12, 2022
Received: December 21, 2022
Closed: February 20, 2024
Last Updated: June 13, 2024

Reason for contact: Execution of arrest/bench warrant
Location: NYCHA
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Wilson Gonzalez, Oscar Gonzalezbatista
Body-Worn Camera evidence collected
Video evidence collected