Danny Aguilar

Badge #2496, Hispanic Male, 40
Sergeant at 42nd Precinct since July 2014, active
Also served at Patrol Borough Brooklyn North Impact Response Team, 77th Precinct
Service started July 2006, made $164,000 last year, Tax #941319

Substantiated Allegations:
Force: Physical force (2)
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Frisk (2)
Abuse of Authority: Improper use of body-worn camera
Abuse of Authority: Refusal to provide name
Abuse of Authority: Search (of person) (2)
Abuse of Authority: Stop
Abuse of Authority: Threat of arrest
Abuse of Authority: Threat of force (verbal or physical) (2)
Discourtesy: Word
Untruthful Statement: False official statement

Discipline Cases:

Case: 2023-29297
Closed: 12/25/2023
Case: 2015-13900
Closed: 8/10/2015

View Details

Articles

Here Are the New NYPD Gun Units’ Trainees. Many Have Histories of Excessive Force Complaints, New York Focus, 5/23/2022

Complaints

21 Complaints
58 Allegations
15 Substantiated
2 Substantiated (Formalized Training)
4 Substantiated (Charges)
6 Substantiated (Command Discipline A)
3 Substantiated (Command Discipline B)
3 Closed - Pending Litigation
7 Complainant Uncooperative
1 Complaint Withdrawn
3 Exonerated
7 Unable to Determine
3 Unfounded
10 Unsubstantiated
9 Within NYPD Guidelines

Complaint #202309310, September 2023
Allegation: Force: Physical force
Complainant: Black Male, 30-34
CCRB Conclusion: Closed - Pending Litigation
Allegation: Abuse of Authority: Other
Complainant: Male, 30-34
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202303512, April 2023
Allegation: Force: Physical force
Complainant: Male, 30-34
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202207257, October 2022
Allegation: Force: Physical force
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline B)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202205226, August 2022
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 18-20
CCRB Conclusion: Unable to Determine
Allegation: Force: Nonlethal restraining device
Complainant: Black Male, 18-20
CCRB Conclusion: Within NYPD Guidelines
Allegation: Force: Physical force
Complainant: Black Male, 18-20
CCRB Conclusion: Within NYPD Guidelines
Allegation: Discourtesy: Word
Complainant: Black, 25-29
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black, 25-29
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Gun Pointed
Complainant: Black Male, 18-20
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 18-20
CCRB Conclusion: Within NYPD Guidelines
Allegation: Force: Gun Pointed
Complainant: Black Male, 18-20
CCRB Conclusion: Unable to Determine
additional details

Complaint #202304870, June 2022
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Physical force
Complainant: Hispanic Male, 18-20
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 3 days)
additional details

Complaint #202202968, May 2022
Allegation: Force: Chokehold
Complainant: Black Female, 18-20
CCRB Conclusion: Unfounded
Allegation: Force: Restricted Breathing
Complainant: Black Female, 18-20
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Other
Complainant: Black Female, 45-49
CCRB Conclusion: Unable to Determine
Allegation: Discourtesy: Action
Complainant: Black Female, 45-49
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Female, 45-49
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Formalized Training
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Female, 18-20
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: No Disciplinary Action-DUP
Allegation: Force: Physical force
Complainant: Black Female, 18-20
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
Penalty: Formalized Training
Documents: NYPD Departure Letter
additional details

Complaint #202200536, January 2022
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 10-14
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 10-14
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 10-14
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 10-14
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Failure to Explain
Complainant: Black Male, 10-14
CCRB Conclusion: Unable to Determine
Allegation: Untruthful Statement: False official statement
CCRB Conclusion: Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202002642, April 2020
Allegation: Discourtesy: Word
Complainant: Black Male, 51
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201904650, May 2019
Allegation: Abuse of Authority: Refusal to process civilian complaint
Complainant: Hispanic Male, 43
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201802881, April 2018
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: American Indian Male, 29
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Female, 28
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Male, 28
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201508088, September 2015
Allegation: Discourtesy: Word
Complainant: Female, 49
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Female, 49
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201509406, August 2015
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Female, 25
CCRB Conclusion: Exonerated
additional details

Complaint #201502107, March 2015
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Female, 41
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Discourtesy: Word
Complainant: Female, 41
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: Instructions
Penalty: Command Level Instructions
Documents: Complaint Closing Report
additional details

Complaint #201401633, February 2014
Allegation: Force: Physical force
Complainant: Black Male, 50
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201310342, November 2013
Allegation: Force: Physical force
Complainant: Black Male, 22
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #201209284, July 2012
Allegation: Offensive Language: Race
Complainant: Black Male, 36
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201104752, April 2011
Allegation: Discourtesy: Word
Complainant: Black Female, 56
CCRB Conclusion: Unsubstantiated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Female, 56
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201007524, May 2010
Allegation: Discourtesy: Word
Complainant: Black Male, 48
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 48
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200918163, November 2009
Allegation: Discourtesy: Word
Complainant: Black Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Offensive Language: Race
Complainant: Black Female
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200907894, May 2009
Allegation: Force: Physical force
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
additional details

Complaint #200718296, December 2007
Allegation: Abuse of Authority: Property damaged
Complainant: Black Female, 36
CCRB Conclusion: Exonerated
additional details

Complaint #202309310, September 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 30-34 Closed - Pending Litigation
Abuse of Authority: Other Male, 30-34 Closed - Pending Litigation
additional details
Complaint #202303512, April 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 30-34 Closed - Pending Litigation
additional details
Complaint #202207257, October 2022
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 40-44 Substantiated (Command Discipline B)
Abuse of Authority: Threat of arrest Black Male, 40-44 Substantiated (Command Discipline B)
Force: Physical force Black Male, 40-44 Substantiated (Command Discipline B)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202205226, August 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 18-20 Unable to Determine
Force: Nonlethal restraining device Black Male, 18-20 Within NYPD Guidelines
Force: Physical force Black Male, 18-20 Within NYPD Guidelines
Discourtesy: Word Black, 25-29 Within NYPD Guidelines
Abuse of Authority: Threat of force (verbal or physical) Black, 25-29 Within NYPD Guidelines
Abuse of Authority: Frisk Substantiated (Command Discipline A)
Force: Gun Pointed Black Male, 18-20 Unable to Determine
Abuse of Authority: Stop Within NYPD Guidelines
Abuse of Authority: Threat of force (verbal or physical) Black Male, 18-20 Within NYPD Guidelines
Force: Gun Pointed Black Male, 18-20 Unable to Determine
additional details
Complaint #202304870, June 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Male, 18-20 Substantiated (Command Discipline A)
Force: Physical force Hispanic Male, 18-20 Unfounded
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 18-20 Substantiated (Command Discipline A)
Abuse of Authority: Improper use of body-worn camera Male, 18-20 Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 3 days)
additional details
Complaint #202202968, May 2022
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Female, 18-20 Unfounded
Force: Restricted Breathing Black Female, 18-20 Unfounded
Force: Physical force Black Female, 45-49 Within NYPD Guidelines
Abuse of Authority: Other Black Female, 45-49 Unable to Determine
Discourtesy: Action Black Female, 45-49 Unable to Determine
Abuse of Authority: Refusal to provide name Black Female, 45-49 Substantiated (Command Discipline A)
NYPD Conclusion: Formalized Training
Abuse of Authority: Threat of force (verbal or physical) Black Female, 18-20 Substantiated (Command Discipline A)
NYPD Conclusion: No Disciplinary Action-DUP
Force: Physical force Black Female, 18-20 Within NYPD Guidelines
Abuse of Authority: Threat of arrest Black Female, 45-49 Within NYPD Guidelines
Penalty: Formalized Training
Documents: NYPD Departure Letter
additional details
Complaint #202200536, January 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 10-14 Substantiated (Charges)
Abuse of Authority: Frisk Black Male, 10-14 Substantiated (Charges)
Abuse of Authority: Search (of person) Black Male, 10-14 Substantiated (Charges)
Abuse of Authority: Failure to provide RTKA card Black Male, 10-14 Unable to Determine
Abuse of Authority: Failure to Explain Black Male, 10-14 Unable to Determine
Untruthful Statement: False official statement Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202002642, April 2020
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 51 Complaint Withdrawn
additional details
Complaint #201904650, May 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to process civilian complaint Hispanic Male, 43 Complainant Uncooperative
additional details
Complaint #201802881, April 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 24 Unsubstantiated
Abuse of Authority: Frisk American Indian Male, 29 Unsubstantiated
Abuse of Authority: Frisk Female, 28 Unsubstantiated
Abuse of Authority: Frisk Male, 28 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201508088, September 2015
Allegation Complainant CCRB Conclusion
Discourtesy: Word Female, 49 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Female, 49 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201509406, August 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Female, 25 Exonerated
additional details
Complaint #201502107, March 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Female, 41 Substantiated (Formalized Training)
Discourtesy: Word Female, 41 Substantiated (Formalized Training)
NYPD Conclusion: Instructions
Penalty: Command Level Instructions
Documents: Complaint Closing Report
additional details
Complaint #201401633, February 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 50 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201310342, November 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 22 Complainant Uncooperative
Abuse of Authority: Threat of force (verbal or physical) Female Complainant Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #201209284, July 2012
Allegation Complainant CCRB Conclusion
Offensive Language: Race Black Male, 36 Unsubstantiated
additional details
Complaint #201104752, April 2011
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 56 Unsubstantiated
Force: Nightstick as club (incl asp & baton) Black Female, 56 Unsubstantiated
additional details
Complaint #201007524, May 2010
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 48 Complainant Uncooperative
Abuse of Authority: Threat of force (verbal or physical) Black Male, 48 Complainant Uncooperative
additional details
Complaint #200918163, November 2009
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female Complainant Uncooperative
Offensive Language: Race Black Female Complainant Uncooperative
additional details
Complaint #200907894, May 2009
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 36 Exonerated
additional details
Complaint #200718296, December 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Property damaged Black Female, 36 Exonerated
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.
'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.


Discipline

Case: 2023-29297
Closed: 12/25/2023
Case Details:
  1. Failed to activate their body worn camera.
  2. Violated patrol rules - failed to provide a business card
  3. Wrongful search of a person.
Penalty: B - Command Discipline, vacation days (3 days)
Recommendation: Command Discipline - B

Case: 2015-13900
Closed: 8/10/2015
Case Details:
  1. Guilty: Failed to supervise his subordinates and ensure that a complaint report was prepared for an alleged assault.
  2. Guilty: Failed to notify platoon commander/desk officer of alleged assault or refer assault to precinct detective squad for further investigation.
Penalty: Vacation days (20 days)


Lawsuits

Named in 2 known lawsuits.

Monsanto, Luis vs City of New York
Case # 812925/2022E, Supreme Court - Bronx, September 6, 2022

Fernandez, David, et al. vs City of New York, et al.
Case # 17CV00789, U.S. District Court - Southern District NY, February 17, 2017
Complaint
Description: Plaintiffs David and Joey Fernandez were in an argument when Joey kicked his bedroom door down, and accidentally hit his brother's nose. Plaintiffs called an ambulance, and when it arrived, police officers also arrived at the scene. The plaintiffs explained the situation to the police officers and said that neither wished to press charges. Police officers arrested both plaintiffs, and when Joey Fernandez asked why, he was pushed to the ground and punched and then taken into a police car. Joey was then put in a chokehold inside the police car. On his way to the precinct, Joey was further brutalized by police officers. Police officers also called Joey a "faggot", a "dickhead", and accused him of being part of a g...