Complaint #202307044,
July 26, 2023

Officer: Suam, Gerald
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Suam, Gerald
Complainant: Black Male, 50-54
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Roldan, Nelson
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Russell, Raphael
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Qosja, Labeat
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Conclusion
Suam, Gerald Black Male, 50-54 Force: Physical force Within NYPD Guidelines
Suam, Gerald Black Male, 50-54 Force: Pepper spray Substantiated (Charges)
Roldan, Nelson Black Male, 50-54 Force: Physical force Within NYPD Guidelines
Russell, Raphael Black Male, 50-54 Force: Physical force Within NYPD Guidelines
Qosja, Labeat Black Male, 50-54 Force: Physical force Within NYPD Guidelines

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Suam, Gerald
Closed: Not guilty after trial-PC Approved, September 3, 2025
APU Not guilty

Summary

On July 26, 2023, at approximately 4:30 AM, [redacted] entered the 42nd Street - Port Authority Bus Terminal A-C-E train subway station, located at West 44th Street and 8th Avenue in Manhattan. [redacted] did not pay to enter the station. Police Officer Gerald Suam, Police Officer Nelson Roldan, Police Officer Raphael Russell, and Police Officer Labeat Qosja of Transit District 1 approached [redacted] and asked him to pay his fare or to exit the station and [redacted] refused. PO Suam, PO Roldan, PO Russell, and PO Qosja grabbed [redacted] by the arms to place him under arrest (Allegation A, B, C and D: Force, within NYPD guidelines). [redacted] flailed his arms and slapped PO Suam. [redacted] went limp and lay on the floor. PO Suam and the officers continued to grab [redacted] arms, and [redacted] continued to flail his arms and kick his legs. PO Suam took out his pepper spray and deployed it at [redacted] face (Allegation E: Abuse of Authority, substantiated). The officers placed [redacted] in handcuffs and transported him to [redacted] Hospital for pepper spray irritation. Read report for details.


Details

Incident: July 26, 2023
Received: July 31, 2023
Closed: December 17, 2024
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD Midtown South Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Thomas Puleo
Body-Worn Camera evidence collected
Video evidence collected