Substantiated Allegations:
Abuse of Authority: Frisk
Abuse of Authority: Search (of person)
Abuse of Authority: Frisk
Abuse of Authority: Search (of person)
Daniel E. Gasperetti
Badge #4088,
White Male, 34
Also served at
Patrol Borough Queens South
Service
started July 2011,
made $149,000 last year,
Tax #950480
Lawsuit settlements:
$25,000 Smith, Tracy Png of Morris, Javon vs City of New York, et al., 2013 QCSC QCSC 704133/2013
$40,000 Wilson, Shaiquan vs City of New York, et al., 2013 QCSC QCSC 701618/2013
View Details
$25,000 Smith, Tracy Png of Morris, Javon vs City of New York, et al., 2013 QCSC QCSC 704133/2013
$40,000 Wilson, Shaiquan vs City of New York, et al., 2013 QCSC QCSC 701618/2013
View Details
Complaints
11
Complaints
32
Allegations
2
Substantiated
2
Substantiated (Command Discipline)
5
Closed - Pending Litigation
1
Complainant Unavailable
7
Complainant Uncooperative
10
Exonerated
1
Unable to Determine
1
Unfounded
5
Unsubstantiated
Complaint #202200413,
January 2022
additional details
| Allegation: | Force: Chokehold |
|---|---|
| Complainant: | Black Male, 35-39 |
| CCRB Conclusion: | Unable to Determine |
Complaint #202103443,
May 2021
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Female, 40-44 |
| CCRB Conclusion: | Complainant Unavailable |
Complaint #202101057,
February 2021
additional details
| Allegation: | Abuse of Authority: Stop |
|---|---|
| Complainant: | Male, 15-17 |
| CCRB Conclusion: | Exonerated |
Complaint #201809981,
November 2018
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 15 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Stop |
| Complainant: | Black Male, 15 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Black Male, 15 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Failure to provide RTKA card |
| Complainant: | Black Male, 15 |
| CCRB Conclusion: | Unsubstantiated |
| Documents: | Complaint Closing Report |
Complaint #201808995,
October 2018
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Female, 33 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Vehicle stop |
| Complainant: | Black Female, 33 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Black Female, 33 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Property damaged |
| Complainant: | Black Female, 33 |
| CCRB Conclusion: | Complainant Uncooperative |
Complaint #201710288,
December 2017
additional details
| Allegation: | Abuse of Authority: Stop |
|---|---|
| Complainant: | Black Male, 19 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 19 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Black Male, 19 |
| CCRB Conclusion: | Exonerated |
Complaint #201806487,
July 2017
additional details
| Allegation: | Force: Other blunt instrument as a club |
|---|---|
| Complainant: | Black Male, 33 |
| CCRB Conclusion: | Closed - Pending Litigation |
| Allegation: | Force: Restricted Breathing |
| Complainant: | Black Male, 33 |
| CCRB Conclusion: | Closed - Pending Litigation |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 33 |
| CCRB Conclusion: | Closed - Pending Litigation |
| Allegation: | Force: Chokehold |
| Complainant: | Black Male, 33 |
| CCRB Conclusion: | Closed - Pending Litigation |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Black Male, 33 |
| CCRB Conclusion: | Closed - Pending Litigation |
Complaint #201605492,
June 2016
additional details
| Allegation: | Abuse of Authority: Vehicle search |
|---|---|
| Complainant: | Black Male, 23 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Vehicle stop |
| Complainant: | Black Male, 23 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Discourtesy: Word |
| Complainant: | Black Male, 23 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 23 |
| CCRB Conclusion: | Exonerated |
| Documents: | Complaint Closing Report |
Complaint #201601144,
June 2015
additional details
| Allegation: | Abuse of Authority: Premises entered and/or searched |
|---|---|
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 58 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201501678,
March 2015
additional details
| Allegation: | Abuse of Authority: Vehicle search |
|---|---|
| Complainant: | Black Male, 30 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Vehicle stop |
| Complainant: | Black Male, 30 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Threat of arrest |
| Complainant: | Black Male, 30 |
| CCRB Conclusion: | Complainant Uncooperative |
Complaint #201208924,
July 2012
additional details
| Allegation: | Abuse of Authority: Stop |
|---|---|
| Complainant: | Black Male, 38 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Black Male, 38 |
| CCRB Conclusion: | Substantiated (Command Discipline) |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Black Male, 38 |
| CCRB Conclusion: | Substantiated (Command Discipline) |
| Allegation: | Discourtesy: Word |
| Complainant: | Black Male, 38 |
| CCRB Conclusion: | Unsubstantiated |
| Penalty: | Instructions |
| Complaint #202200413, January 2022 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Force: Chokehold | Black Male, 35-39 | Unable to Determine |
| additional details | ||
| Complaint #202103443, May 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Female, 40-44 | Complainant Unavailable |
| additional details | ||
| Complaint #202101057, February 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Stop | Male, 15-17 | Exonerated |
| additional details | ||
| Complaint #201809981, November 2018 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 15 | Exonerated |
| Abuse of Authority: Stop | Black Male, 15 | Exonerated |
| Abuse of Authority: Frisk | Black Male, 15 | Exonerated |
| Abuse of Authority: Failure to provide RTKA card | Black Male, 15 | Unsubstantiated |
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201808995, October 2018 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Female, 33 | Complainant Uncooperative |
| Abuse of Authority: Vehicle stop | Black Female, 33 | Complainant Uncooperative |
| Abuse of Authority: Vehicle search | Black Female, 33 | Complainant Uncooperative |
| Abuse of Authority: Property damaged | Black Female, 33 | Complainant Uncooperative |
| additional details | ||
| Complaint #201710288, December 2017 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Stop | Black Male, 19 | Exonerated |
| Force: Physical force | Black Male, 19 | Unfounded |
| Abuse of Authority: Frisk | Black Male, 19 | Exonerated |
| additional details | ||
| Complaint #201806487, July 2017 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Other blunt instrument as a club | Black Male, 33 | Closed - Pending Litigation |
| Force: Restricted Breathing | Black Male, 33 | Closed - Pending Litigation |
| Force: Physical force | Black Male, 33 | Closed - Pending Litigation |
| Force: Chokehold | Black Male, 33 | Closed - Pending Litigation |
| Abuse of Authority: Vehicle search | Black Male, 33 | Closed - Pending Litigation |
| additional details | ||
| Complaint #201605492, June 2016 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle search | Black Male, 23 | Exonerated |
| Abuse of Authority: Vehicle stop | Black Male, 23 | Exonerated |
| Discourtesy: Word | Black Male, 23 | Unsubstantiated |
| Force: Physical force | Black Male, 23 | Exonerated |
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201601144, June 2015 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Premises entered and/or searched | Unsubstantiated | |
| Force: Physical force | Black Male, 58 | Unsubstantiated |
| additional details | ||
| Complaint #201501678, March 2015 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle search | Black Male, 30 | Complainant Uncooperative |
| Abuse of Authority: Vehicle stop | Black Male, 30 | Complainant Uncooperative |
| Abuse of Authority: Threat of arrest | Black Male, 30 | Complainant Uncooperative |
| additional details | ||
| Complaint #201208924, July 2012 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Stop | Black Male, 38 | Exonerated |
| Abuse of Authority: Frisk | Black Male, 38 | Substantiated (Command Discipline) |
| Abuse of Authority: Search (of person) | Black Male, 38 | Substantiated (Command Discipline) |
| Discourtesy: Word | Black Male, 38 | Unsubstantiated |
| Penalty: Instructions | ||
| additional details | ||
Conclusion Meanings:
'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
Further details on conclusion definitions.
Lawsuits
Named in 5 known lawsuits, $65,000 total settlements.Auguste, Pierre vs City of New York, et al.
Case # 719609/2023, Supreme Court - Queens, September 21, 2023
Freistat, Kyle vs Det. Gasperetti, Daniel, et al.
Case # 17CV05870, U.S. District Court - Southern District NY, January 30, 2018, ended October 24, 2022
Order/Judgment (Verdict)
Complaint
Description: On July 26, 2017, Plaintiff was stopped while driving a vehicle by Defendant police officers Daniel Gasperetti & Anthony Arlistico, "damaging the property and my health in the process." Plaintiff was brought to the precinct and a hospital, with unspecified police misconduct continuing in both locations. Plaintiff's injuries included "foot trampling, strangulation, beating on body, face and skull marks of a permanent injury nature" and resulted in an inability to stand at his court arraignment, where he had to be supported by two court officers. Unspecified prosecutorial and judicial misconduct are also alleged.
Smith, Tracy Png of Morris, Javon vs City of New York, et al.
Case # 704133/2013, Supreme Court - Queens, September 30, 2013, ended August 11, 2017
$25,000 Settlement
Wilson, Shaiquan vs City of New York, et al.
Case # 701618/2013, Supreme Court - Queens, May 6, 2013, ended August 11, 2017
$40,000 Settlement
Freistat v. NYPD et al
Case # 17CV05870, U.S. District Court - Eastern District NY
Complaint
Description: Defendant officers trampled upon Plaintiff's vehicle, damaging his property and his health in the process. As a result of the actions of the Defendant Officers, the Plaintiff experienced foot trampling, strangulation, beatings on his body, and face and skull marks of a permanent injury nature.