Noel Gutierrez

Badge #5149, Hispanic Male, 41
Sergeant Detective Squad at Warrant Section since July 2016, active
Service started July 2004, made $188,000 last year, Tax #934980

Substantiated Allegations:
Abuse of Authority: Refusal to provide name/shield number
Abuse of Authority: Stop

Lawsuit settlements:
$85,001   Ramirez, Richard vs City of New York, et al., 2016 SDNY SDNY 16CV04174
View Details

Complaints

4 Complaints
8 Allegations
2 Substantiated
2 Substantiated (Command Discipline B)
2 Unfounded
4 Unsubstantiated

Complaint #201806412, July 2018
Allegation: Abuse of Authority: Stop
Complainant: Female, 79
CCRB Conclusion: Unfounded
additional details

Complaint #201509083, October 2015
Allegation: Abuse of Authority: Vehicle stop
Complainant: Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Male, 30
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Discourtesy: Word
Complainant: Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Male, 30
CCRB Conclusion: Substantiated (Command Discipline B)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #200916691, August 2009
Allegation: Force: Physical force
Complainant: Black Male, 29
CCRB Conclusion: Unfounded
additional details

Complaint #200807463, May 2008
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 51
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 51
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201806412, July 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Female, 79 Unfounded
additional details
Complaint #201509083, October 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Male, 30 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Male, 30 Substantiated (Command Discipline B)
Discourtesy: Word Male, 30 Unsubstantiated
Abuse of Authority: Stop Male, 30 Substantiated (Command Discipline B)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #200916691, August 2009
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 29 Unfounded
additional details
Complaint #200807463, May 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 51 Unsubstantiated
Abuse of Authority: Stop Black Male, 51 Unsubstantiated
additional details

Conclusion Meanings:

'Substantiated': The alleged conduct 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' - 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

Ramirez, Richard vs City of New York, et al.
Case # 16CV04174, U.S. District Court - Southern District NY, June 10, 2016, ended March 29, 2019
$85,001 Settlement
Complaint
Description: The plaintiff got a ride home from a livery car driver from a friend's apartment to his own apartment. When he went to exit the vehicle the door was pushed shut with him still inside of the car. Three officers in plain clothes proceeded to detain and question the occupants of the car. The officers stated the driver had made an illegal turn at 152nd street, but did not issue a ticket. The officers refused to show their badges, several times told the plaintiff to "shut the [expletive] up", had the plaintiff exit the car and aggressively searched him. Officers left the scene without arresting anyone.