Brian Garay

Badge #3770, Hispanic Male, 44
Sergeant Detective Squad at Warrant Section since October 2016, active
Also served at 41st Precinct
Service started July 2003, made $194,000 last year, Tax #932690

Substantiated Allegations:
Abuse of Authority: Premises entered and/or searched
Abuse of Authority: Stop (2)
Abuse of Authority: Vehicle search


Lawsuit settlements:
$90,000   Sterling, Leon, et al. vs City of New York, et al., 2013 BCSC BCSC 302361/2013
View Details

Complaints

5 Complaints
11 Allegations
4 Substantiated
4 Substantiated (Charges)
1 Complaint Withdrawn
1 Exonerated
2 Unable to Determine
1 Unfounded
2 Unsubstantiated

Complaint #202107513, December 2021
Allegation: Discourtesy: Word
Complainant: Black Male, 25-29
CCRB Conclusion: Unable to Determine
Allegation: Force: Physical force
Complainant: Black Male, 25-29
CCRB Conclusion: Unable to Determine
Allegation: Force: Physical force
Complainant: Black Male, 25-29
CCRB Conclusion: Unfounded
additional details

Complaint #201909241, October 2019
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Property damaged
Complainant: Black Female, 25-29
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201701120, February 2017
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201300382, December 2012
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 24
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 16
CCRB Conclusion: Exonerated
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 5 days
APU Case Status: Closed: Resolved by plea, July 2016
Penalty: Forfeit vacation 5 days
additional details

Complaint #201102753, March 2011
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 43
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Instructions
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 43
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: Instructions
additional details

Complaint #202107513, December 2021
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 25-29 Unable to Determine
Force: Physical force Black Male, 25-29 Unable to Determine
Force: Physical force Black Male, 25-29 Unfounded
additional details
Complaint #201909241, October 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Unsubstantiated
Abuse of Authority: Property damaged Black Female, 25-29 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201701120, February 2017
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Complaint Withdrawn
additional details
Complaint #201300382, December 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Abuse of Authority: Stop Black Male, 24 Substantiated (Charges)
Abuse of Authority: Refusal to provide name/shield number Black Male, 16 Exonerated
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 5 days
APU Case Status: Closed: Resolved by plea, July 2016
Penalty: Forfeit vacation 5 days
additional details
Complaint #201102753, March 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 43 Substantiated (Charges)
NYPD Conclusion: Instructions
Abuse of Authority: Vehicle search Black Male, 43 Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: Instructions
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.

Further details on conclusion definitions.


Discipline

Case: 2014-11918
Closed: 1/30/2015
Case Details:
  1. Guilty: Stopped a person known to the Department without sufficient legal authority.
  2. Guilty: Entered a location without sufficient legal authority.
Penalty: Vacation days (5 days)


Lawsuits

Sterling, Leon, et al. vs City of New York, et al.
Case # 302361/2013, Supreme Court - Bronx, April 16, 2013, ended June 11, 2014
$90,000 Settlement

Other Documents