Gary R. Capellan

Gary R. Capellan

Gary R. Capellan
Badge #339, Hispanic Male, 37
Detective Grade 2 at Warrant Section since November 2016, active
Also served at Patrol Borough Bronx, 46th Precinct
Service started July 2011, made $147,000 last year, Tax #950154

Substantiated Allegations:
Force: Physical force
Abuse of Authority: Property damaged
Abuse of Authority: Threat of force (verbal or physical)

Discipline Cases:

Case: 2022-27137
Closed: 12/22/2022

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Lawsuit settlements:
$25,000   Fields, Harold vs City of New York, 2015 BCSC BCSC 302190/2015
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Complaints

9 Complaints
25 Allegations
3 Substantiated
2 Substantiated (Command Discipline A)
1 Substantiated (Command Discipline B)
1 Closed - Pending Litigation
3 Complainant Uncooperative
7 Exonerated
4 Unable to Determine
7 Unsubstantiated

Complaint #202201374, February 2022
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202106142, October 2021
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unable to Determine
Allegation: Force: Gun Pointed
Complainant: American Indian Female, 21-24
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Gun Drawn
Complainant: American Indian Female, 21-24
CCRB Conclusion: Unable to Determine
additional details

Complaint #202104948, June 2021
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 30-34
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Property damaged
Complainant: Male, 30-34
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 18-20
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
NYPD Departure Letter
additional details

Complaint #202102376, February 2021
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201701182, February 2017
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201503326, April 2015
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 53
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 53
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 53
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Property damaged
Complainant: Hispanic Male, 53
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 53
CCRB Conclusion: Unsubstantiated
Allegation: Force: Other
Complainant: Hispanic Male, 53
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 53
CCRB Conclusion: Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201502521, April 2015
Allegation: Abuse of Authority: Other
Complainant: Hispanic Female, 46
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201401899, February 2014
Allegation: Discourtesy: Action
Complainant: Black Male, 35
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201300209, December 2012
Allegation: Discourtesy: Word
Complainant: White Female, 20
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat to damage/seize property
Complainant: White Female, 20
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202201374, February 2022
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Closed - Pending Litigation
additional details
Complaint #202106142, October 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Unable to Determine
Abuse of Authority: Search of Premises Unable to Determine
Force: Gun Pointed American Indian Female, 21-24 Unable to Determine
Abuse of Authority: Gun Drawn American Indian Female, 21-24 Unable to Determine
additional details
Complaint #202104948, June 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Male, 30-34 Exonerated
Abuse of Authority: Property damaged Male, 30-34 Exonerated
Discourtesy: Word Black Male, 18-20 Exonerated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 18-20 Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
NYPD Departure Letter
additional details
Complaint #202102376, February 2021
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Exonerated
Abuse of Authority: Search of Premises Unsubstantiated
additional details
Complaint #201701182, February 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to obtain medical treatment Black Male, 27 Unsubstantiated
Abuse of Authority: Premises entered and/or searched Unsubstantiated
Force: Physical force Black Male, 27 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201503326, April 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 53 Exonerated
Abuse of Authority: Search (of person) Hispanic Male, 53 Exonerated
Discourtesy: Word Hispanic Male, 53 Unsubstantiated
Abuse of Authority: Property damaged Hispanic Male, 53 Substantiated (Command Discipline A)
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 53 Unsubstantiated
Force: Other Hispanic Male, 53 Unsubstantiated
Force: Physical force Hispanic Male, 53 Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #201502521, April 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Other Hispanic Female, 46 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201401899, February 2014
Allegation Complainant CCRB Conclusion
Discourtesy: Action Black Male, 35 Complainant Uncooperative
additional details
Complaint #201300209, December 2012
Allegation Complainant CCRB Conclusion
Discourtesy: Word White Female, 20 Complainant Uncooperative
Abuse of Authority: Threat to damage/seize property White Female, 20 Complainant Uncooperative
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.
'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: 2022-27137
Closed: 12/22/2022
Case Details:
  1. Wrongful threat of force.
Recommendation: Command Discipline - B


Lawsuits

Fields, Harold vs City of New York
Case # 302190/2015, Supreme Court - Bronx, June 26, 2015, ended January 6, 2016
$25,000 Settlement