Substantiated Allegations:
Force: Pepper spray
Force: Physical force (2)
Force: Pepper spray
Force: Physical force (2)
Manuel A. Gutierrez
Badge #15714,
Hispanic Male, 39
Service
started July 2010,
made $123,000 last year,
Tax #948589
Lawsuit settlements:
$180,000 Nunez, Heriberto vs City of New York, et al., 2018 SDNY SDNY 17CV10054
View Details
$180,000 Nunez, Heriberto vs City of New York, et al., 2018 SDNY SDNY 17CV10054
View Details
Complaints
8
Complaints
17
Allegations
3
Substantiated
1
Substantiated (Command Discipline B)
2
Substantiated (Charges)
1
Alleged Victim Unavailable
2
Closed - Pending Litigation
2
Complainant Unavailable
2
Exonerated
1
Unfounded
5
Unsubstantiated
1
Within NYPD Guidelines
Complaint #202311776,
October 2023
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Age 25-29 |
| CCRB Conclusion: | Closed - Pending Litigation |
| Allegation: | Abuse of Authority: Forcible Removal to Hospital |
| Complainant: | Age 25-29 |
| CCRB Conclusion: | Closed - Pending Litigation |
Complaint #202105011,
July 2021
additional details
| Allegation: | Abuse of Authority: Vehicle search |
|---|---|
| Complainant: | Hispanic Female, 60-64 |
| CCRB Conclusion: | Within NYPD Guidelines |
| Allegation: | Abuse of Authority: Property damaged |
| Complainant: | Hispanic Female, 60-64 |
| CCRB Conclusion: | Unfounded |
Complaint #202001404,
November 2019
additional details
| Allegation: | Abuse of Authority: Vehicle stop |
|---|---|
| Complainant: | Male, 55 |
| CCRB Conclusion: | Complainant Unavailable |
| Allegation: | Abuse of Authority: Seizure of property |
| Complainant: | Male, 55 |
| CCRB Conclusion: | Complainant Unavailable |
Complaint #201802869,
April 2018
additional details
| Allegation: | Force: Nonlethal restraining device |
|---|---|
| Complainant: | Black Male, 33 |
| CCRB Conclusion: | Alleged Victim Unavailable |
Complaint #201700064,
December 2016
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Hispanic Male, 50 |
| CCRB Conclusion: | Substantiated (Charges) |
| NYPD Conclusion: | APU Not guilty |
| CCRB Recommended Penalty: | Dismissal Probation |
| APU Trial Commissioner Penalty: | Dismissed |
| APU Case Status: | Closed: Not guilty after trial, April 2020 |
| Documents: | Complaint Closing Report |
| APU Quarterly Report summary |
Complaint #201601314,
February 2016
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 32 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Pepper spray |
| Complainant: | Black Male, 32 |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Force: Other |
| Complainant: | Black Male, 32 |
| CCRB Conclusion: | Unsubstantiated |
| NYPD Conclusion: | APU Not guilty |
| CCRB Recommended Penalty: | Forfeit vacation 20 days |
| APU Case Status: | Closed: Not guilty after trial, September 2017 |
| Documents: | Complaint Closing Report |
Complaint #201600854,
January 2016
additional details
| Allegation: | Abuse of Authority: Refusal to provide name/shield number |
|---|---|
| Complainant: | Hispanic Male |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Physical force |
| Complainant: | Hispanic Male, 42 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Gun Drawn |
| CCRB Conclusion: | Exonerated |
| Allegation: | Force: Gun Pointed |
| Complainant: | Hispanic Male |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Discourtesy: Word |
| Complainant: | Hispanic Male, 42 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201400407,
January 2014
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 17 |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Penalty: | Command Discipline - B |
| Documents: | Complaint Closing Report |
| Complaint #202311776, October 2023 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Age 25-29 | Closed - Pending Litigation |
| Abuse of Authority: Forcible Removal to Hospital | Age 25-29 | Closed - Pending Litigation |
| additional details | ||
| Complaint #202105011, July 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle search | Hispanic Female, 60-64 | Within NYPD Guidelines |
| Abuse of Authority: Property damaged | Hispanic Female, 60-64 | Unfounded |
| additional details | ||
| Complaint #202001404, November 2019 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle stop | Male, 55 | Complainant Unavailable |
| Abuse of Authority: Seizure of property | Male, 55 | Complainant Unavailable |
| additional details | ||
| Complaint #201802869, April 2018 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Nonlethal restraining device | Black Male, 33 | Alleged Victim Unavailable |
| additional details | ||
| Complaint #201700064, December 2016 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Hispanic Male, 50 | Substantiated (Charges) |
| NYPD Conclusion: APU Not guilty | ||
| CCRB Recommended Penalty: Dismissal Probation | ||
| APU Trial Commissioner Penalty: Dismissed | ||
| APU Case Status: Closed: Not guilty after trial, April 2020 | ||
| Documents: | Complaint Closing Report | |
| APU Quarterly Report summary | ||
| additional details | ||
| Complaint #201601314, February 2016 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 32 | Unsubstantiated |
| Force: Pepper spray | Black Male, 32 | Substantiated (Charges) |
| Force: Other | Black Male, 32 | Unsubstantiated |
| NYPD Conclusion: APU Not guilty | ||
| CCRB Recommended Penalty: Forfeit vacation 20 days | ||
| APU Case Status: Closed: Not guilty after trial, September 2017 | ||
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201600854, January 2016 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Refusal to provide name/shield number | Hispanic Male | Unsubstantiated |
| Force: Physical force | Hispanic Male, 42 | Exonerated |
| Abuse of Authority: Gun Drawn | Exonerated | |
| Force: Gun Pointed | Hispanic Male | Unsubstantiated |
| Discourtesy: Word | Hispanic Male, 42 | Unsubstantiated |
| additional details | ||
| Complaint #201400407, January 2014 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 17 | Substantiated (Command Discipline B) |
| Penalty: Command Discipline - B | ||
| Documents: | Complaint Closing Report | |
| 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.
'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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
Further details on conclusion definitions.
Lawsuits
Nunez, Heriberto vs City of New York, et al.Case # 17CV10054, U.S. District Court - Southern District NY, January 19, 2018, ended April 20, 2018
$180,000 Settlement
Complaint
Description: On Saturday, April 16, at about 10:30 am, plaintiff Nunez was driving home, stopped at a red light at East 149th Street and Trinity Avenue right outside his apartment complex in the Bronx, and accepted a phone call. NYPD officers pulled him over and ticketed him for driving while using a cell phone, and plaintiff complained verbally about the ticket as they walked away. Plaintiff was pulled from his car by officer John Doe. His arms and legs were then restrained by Officers Rodriguez and Soto, and Officer John Doe pinned plaintiff's back to the ground, using his knee and struck him in the face repeatedly. Officers Rodriguez and Soto did not intervene to stop the continued striking by Officer Doe. Plaintiff Nune...