Malcial A. Tuero

Malcial A. Tuero

Malcial A. Tuero
Badge #7653, Hispanic Male, 36
Detective Grade 3 at Criminal Intelligence Section since September 2022, active
Also served at 30th Precinct
Service started January 2008, made $140,000 last year, Tax #946346

Substantiated Allegations:
Force: Physical force


Lawsuit settlements:
$7,500   Henry, Sherman vs City of New York, et al., 2015 SDNY SDNY 15CV00909
View Details

Complaints

4 Complaints
7 Allegations
1 Substantiated
1 Substantiated (Formalized Training)
5 Complainant Uncooperative
1 Exonerated

Complaint #202305467, June 2023
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Female, 50-54
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Female, 50-54
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202104691, July 2021
Allegation: Abuse of Authority: Refusal to show search warrant
Complainant: Hispanic Male, 45-49
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Male, 45-49
CCRB Conclusion: Complainant Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #201608020, September 2016
Allegation: Force: Physical force
Complainant: Black Male, 26
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Force: Physical force
Complainant: Black Male, 26
CCRB Conclusion: Exonerated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201505295, June 2015
Allegation: Force: Physical force
Complainant: Black Male, 40
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202305467, June 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name Black Female, 50-54 Complainant Uncooperative
Abuse of Authority: Refusal to provide shield number Black Female, 50-54 Complainant Uncooperative
additional details
Complaint #202104691, July 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to show search warrant Hispanic Male, 45-49 Complainant Uncooperative
Abuse of Authority: Entry of Premises Hispanic Male, 45-49 Complainant Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #201608020, September 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 26 Substantiated (Formalized Training)
Force: Physical force Black Male, 26 Exonerated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details
Complaint #201505295, June 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 40 Complainant Uncooperative
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.

Further details on conclusion definitions.


Discipline

Case: 2011-4236
Opened: 10/24/2011
Closed: 7/18/2012
Case Details:
  1. Guilty: While off duty wrongfully utilized a Department computer for personal use and provided said information to an individual known to the Department
Penalty: Dismissal from the New York City Police Department; however, judgement is suspended and respondent will be placed on dismissal probation for a period of one (1) year. Forfeiture of thirty(30) vacation days.


Lawsuits

Named in 2 known lawsuits, $7,500 total settlements.

Behlin, Rahbu vs Rite Aid Pharmacy Store, et al.
Case # 18CV04335, U.S. District Court - Southern District NY, December 18, 2018, ended January 25, 2022
Zero Disposition
Complaint
Description: On June 20, 2015 plaintiff was arrested after having been at a Rite Aid pharmacy and having an altercation with two men. Plaintiff informed Officers Victor Gonzalez and Damion Brown that the two men had assaulted him and requested medical attention. The officers ignored plaintiff's request. At the precinct, plaintiff requested medical attention from Officer Victor Reyes and was again ignored. Plaintiff suffered a permanent hip injury as a result of his assault.

Henry, Sherman vs City of New York, et al.
Case # 15CV00909, U.S. District Court - Southern District NY, February 10, 2015, ended July 29, 2015
$7,500 Settlement
Complaint
Description: On April 3, 2014, around 6:00 pm, Plaintiff was lawfully driving his motorcycle from work at Citi Field in Queens to his father's laundromat in upper Manhattan. While Plaintiff was stopped at a red light, NYPD Officers Jeffrey Sanjuan, Gregory Santana, and Malcial Tuero blocked Plaintiff's motorcycle with an unmarked car. Officer Santana, wearing plainclothes, ordered Plaintiff off the bike without stating the basis for his stop. Plaintiff complied and asked why he was being stopped. Officer Santana insisted that Plaintiff had been seen with a pack of bikers performing "wheelies" on Broadway. Plaintiff truthfully denied doing wheelies or riding on Broadway at all. Officers Santana and Sanjuan decided to arrest ...