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.
'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.
Case: 2017-17868
Closed: 9/15/2017
Case Details:
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Guilty:
While off-duty, wrongfully operated a motor vehicle while under the influence of an intoxicant
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Guilty:
While off-duty, wrongfully operated a motor vehicle while his ability was impaired by the consumption of alcohol.
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Guilty:
While off-duty, was unfit for duty
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Guilty:
While off-duty, wrongfully refused to submit to a chemical breath test to determine his blood alcohol concentration
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Guilty:
While off-duty, was unfit for duty while armed
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Guilty:
While off-duty, was in possession of an unauthorized firearm which contained unauthorized rounds.
Penalty: Counseling, dismissal probation (12 months), ordered breath testing, pre-trial suspension days (30 days), suspended w/o pay (15 day(s) ), vacation days (20 day(s) )
Named in 3 known lawsuits, $65,000 total settlements.
Garcia, Herman vs City of New York, et al.
Case # 023262/2017E,
Supreme Court - Bronx, May 10, 2017, ended August 20, 2020
$50,000 Settlement
Diaz-correa, Argenis vs City of New York, et al.
Case # 303543/2016,
Supreme Court - Bronx, November 7, 2016
Acevedo, David and Diaz-correa, Argenis vs City of New York, et al.
Case # 303431/2016,
Supreme Court - Bronx, October 24, 2016, ended June 24, 2021
$15,000 Settlement