Eric S. Gutierrez

Badge #3646, Hispanic Male
Sergeant at Police Commissioner Office since November 2025
Service started July 2013, made $181,000 last year, Tax #954903

Lawsuit Settlements:
$10,000   Rivers, Michael vs City of Ny, et al., 2022 KCSC KCSC 532559/2022
$30,000   Blake, Tyrell vs City of Ny, et al., 2021 KCSC KCSC 503301/2021
$22,500   Taylor, Kevin vs City of New York, et al., 2020 KCSC KCSC 524060/2020
$35,000   Patterson, Germaine vs City of New York, et al., 2020 KCSC KCSC 519411/2019
View Details

Complaints

9 Complaints
21 Allegations
0 Substantiated
1 Alleged Victim Uncooperative
3 Complainant Uncooperative
2 Complaint Withdrawn
8 Exonerated
1 Unfounded
6 Unsubstantiated

Complaint #202400743, January 2024
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female, 30-34
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201903905, September 2018
Allegation: Abuse of Authority: Vehicle search
Complainant: Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question
Complainant: Male, 43
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Seizure of property
Complainant: Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Male, 43
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Male, 43
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Search (of person)
Complainant: Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Male, 43
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201802546, March 2018
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Female, 24
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 28
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 28
CCRB Conclusion: Exonerated
additional details

Complaint #201702671, April 2017
Allegation: Force: Physical force
Complainant: Black Male, 22
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201609163, October 2016
Allegation: Discourtesy: Word
Complainant: White Male, 21
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Ethnicity
Complainant: White Male, 21
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: White Male, 21
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201606255, July 2016
Allegation: Force: Physical force
Complainant: White Male, 20
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201505439, June 2015
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
additional details

Complaint #201409519, September 2014
Allegation: Force: Physical force
Complainant: Black Male, 29
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201407265, July 2014
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Age 23
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #202400743, January 2024
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Female, 30-34 Complainant Uncooperative
Abuse of Authority: Threat of arrest Female Complainant Uncooperative
additional details
Complaint #201903905, September 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Male, 43 Unsubstantiated
Abuse of Authority: Question Male, 43 Exonerated
Abuse of Authority: Seizure of property Male, 43 Unsubstantiated
Abuse of Authority: Stop Male, 43 Exonerated
Abuse of Authority: Refusal to provide shield number Male, 43 Unfounded
Abuse of Authority: Search (of person) Male, 43 Unsubstantiated
Abuse of Authority: Frisk Male, 43 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201802546, March 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Female, 24 Exonerated
Abuse of Authority: Vehicle search Black Male, 28 Exonerated
Abuse of Authority: Search (of person) Black Male, 28 Exonerated
additional details
Complaint #201702671, April 2017
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 22 Complaint Withdrawn
additional details
Complaint #201609163, October 2016
Allegation Complainant CCRB Conclusion
Discourtesy: Word White Male, 21 Unsubstantiated
Offensive Language: Ethnicity White Male, 21 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) White Male, 21 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201606255, July 2016
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 20 Complaint Withdrawn
additional details
Complaint #201505439, June 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 36 Exonerated
Force: Physical force Black Male, 36 Exonerated
additional details
Complaint #201409519, September 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 29 Complainant Uncooperative
additional details
Complaint #201407265, July 2014
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) Age 23 Alleged Victim Uncooperative
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The 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' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Lawsuits

Named in 7 known lawsuits, $97,500 total settlements.

Gutierrez, Maximus vs City of Ny, et al.
Case # 529821/2024, Supreme Court - Kings, February 26, 2025

Vines, Antoine vs City of Ny
Case # 528118/2023, Supreme Court - Kings, October 31, 2023
Complaint
Description: On September 18, 2020, Plaintiff ANTOINE VINES was wrongfully and without and legal justification whatsoever, arrested by Defendants DETECTIVE STEPHEN PROSCIA, SERGEANT AALOK KANTHARIA, DETECTIVE ERIC GUTIERREZ, POLICE OFFICER JAIR FLORES, DETECTIVE BRIAN MCCARTHY. While still in custody, Plaintiff was interrogated by Defendants. On September 18, 2020, Plaintiff was indicted and charged with unlawful possession of a gun. Following his indictment on September 18, 2020, Plaintiff was then held at Central Booking for a period of approximately three weeks. On June 30, 2022, Plaintiff’s criminal case was dismissed.

Rivers, Michael vs City of Ny, et al.
Case # 532559/2022, Supreme Court - Kings, November 10, 2022, ended March 1, 2024
$10,000 Settlement
Complaint
Description: On April 13, 2021, Plaintiff was playing video games at a friends house when Defendant Officers, including ERIC GUTIERREZ and other unknown officers, entered the location and handcuffed Plaintiff and placed him on the ground. Defendants searched the premise and Plaintiff and did not find anything illegal. Plaintiff was unlawfully arrested and handcuffed by the defendant officers without legal justification or probable cause and transported to the 70th Precinct against his will. After several hours, Plaintiff was then transported to the Central booking. Plaintiff was maliciously prosecuted based on false information and could not pay the bail and spent 5 days of unlawful custody. Plaintiff was never indicted and...

Blake, Tyrell vs City of Ny, et al.
Case # 503301/2021, Supreme Court - Kings, June 1, 2021, ended August 29, 2022
$30,000 Settlement
Complaint
Description: On May 16, 2019 at approximately 5:30 am, at 673 E. 59th Street in Brooklyn, New York, Mr. Blake was visiting another person’s apartment when defendant officers Eric Guttierez, Paul Casale, Julio Tejada and others (together the "defendants") unlawfully entered and searched the location using excessive force. Plaintiff was arrested for possession of a forged instrument and criminal possession of a firearm. Plaintiff maintains he did not have posession of a firearm or fake credit cards or any other contraband. Plaintiff was falsely arrested and detained for four days and defendants fabricated evidence to maliciously prosecute plaintiff. Defendants that did not actively participate failed to intervene to prevent t...

Taylor, Kevin vs City of New York, et al.
Case # 524060/2020, Supreme Court - Kings, December 3, 2020, ended May 12, 2022
$22,500 Settlement
Complaint
Description: On 12/20/2019, Plaintiff was asleep in the living room of an apartment located at 2023 Caton Ave. Plaintiff became aware that defendant/s had entered the apartment. Defendant/s had entered without presenting a warrant. Defendant/s were yelling, cursing, and pointing a gun into the face of the plaintiff without probable cause and without reasonable cause. defendant/s were swat officers carrying riot shields and helmets. Plaintiff was immediately handcuffed and taken against his will by the defendant/'s in a police vehicle to the 70th Precinct. Plaintiff was not given a Miranda Warning. Plaintiff was interrogated regarding weapons found at the apartment and told if he did not answer he would be charged with posse...

Smith, Terrell vs City of New York, et al.
Case # 517479/2020, Supreme Court - Kings, October 1, 2020
Complaint
Description: On February 4, 2019, plaintiff was lawfully inside his apartment when defendant police officers unlawfully entered and unlawfully searched the apartment and the individuals present. Defendants did not recover any illegal drugs, weapons, or contraband from plaintiff’s person, or from a location inside of the apartment that was in plaintiff’s possession, custody, or control. nor had Plaintiff committed a crime. Nevertheless, plaintiff was unlawfully handcuffed, arrested, and transported against his will to the 70th Precinct where he was searched, photographed, fingerprinted, and placed in a holding cell. On February 4, 2019, after spending several hours in custody at the 70th precinct, the plaintiff’s arrest wa...

Patterson, Germaine vs City of New York, et al.
Case # 519411/2019, Supreme Court - Kings, January 7, 2020, ended August 5, 2021
$35,000 Settlement
Complaint
Description: On September 10, 2018, Plaintiff was in his car talking with a friend when police searched the automobile and arrested plaintiff. Plaintiff was detained in the precinct for 5 hours. The officers damaged his vehicle during the search.

Other Documents