Jose A. Gutierrez

Badge #1547, Hispanic Male
Police Officer at 116th Precinct since December 2024
Also served at 105th Precinct
Service started October 2015, made $146,000 last year, Tax #959678

Substantiated Allegations:
Force: Physical force
Abuse of Authority: Improper use of body-worn camera

Discipline Cases:

Case: 2022-26012
Closed: 12/2/2022

View Details

Lawsuit Settlements:
$97,500   Mitchell, Scarlet vs City of New York, et al., EDNY EDNY 22CV07437
View Details

Complaints

9 Complaints
23 Allegations
2 Substantiated
1 Substantiated (Command Discipline A)
1 Substantiated (Charges)
1 Closed - Pending Litigation
4 Complainant Unavailable
1 Exonerated
1 Unable to Determine
5 Unfounded
6 Unsubstantiated
3 Within NYPD Guidelines

Complaint #202504899, May 2025
Allegation: Force: Other
Complainant: Black Female, 40-44
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202411705, November 2024
Allegation: Force: Physical force
Complainant: Female, 30-34
CCRB Conclusion: Complainant Unavailable
Allegation: Force: Physical force
Complainant: Female, 30-34
CCRB Conclusion: Complainant Unavailable
Allegation: Force: Chokehold
Complainant: Female, 30-34
CCRB Conclusion: Complainant Unavailable
Allegation: Force: Restricted Breathing
Complainant: Female, 30-34
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #202309955, August 2023
Allegation: Force: Handcuffs too tight
Complainant: Black Female, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Female, 30-34
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Closed: SOL Expired prior to APU
APU Case Status: Closed: SOL Expired prior to APU, December 16, 2025
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #202106194, September 2021
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Black Female, 55-59
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202107632, July 2021
Allegation: Force: Physical force
Complainant: Black Female, 10-14
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Black Female, 10-14
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202102489, April 2021
Allegation: Force: Physical force
Complainant: Black Female, 70-74
CCRB Conclusion: Exonerated
additional details

Complaint #202007689, November 2020
Allegation: Force: Physical force
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details

Complaint #202103548, May 2020
Allegation: Force: Physical force
Complainant: Black Female, 25-29
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Age 21-24
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Black Female, 25-29
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Other
Complainant: Black Female, 25-29
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201911019, December 2019
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 50-54
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 21-24
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Hispanic Female, 21-24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Hispanic Female, 21-24
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 50-54
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 21-24
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 50-54
CCRB Conclusion: Unfounded
Documents: Complaint Closing Report
additional details

Complaint #202504899, May 2025
Allegation Complainant CCRB Conclusion
Force: Other Black Female, 40-44 Closed - Pending Litigation
additional details
Complaint #202411705, November 2024
Allegation Complainant CCRB Conclusion
Force: Physical force Female, 30-34 Complainant Unavailable
Force: Physical force Female, 30-34 Complainant Unavailable
Force: Chokehold Female, 30-34 Complainant Unavailable
Force: Restricted Breathing Female, 30-34 Complainant Unavailable
additional details
Complaint #202309955, August 2023
Allegation Complainant CCRB Conclusion
Force: Handcuffs too tight Black Female, 30-34 Unable to Determine
Abuse of Authority: Improper use of body-worn camera Female, 30-34 Substantiated (Charges)
NYPD Conclusion: APU Closed: SOL Expired prior to APU
APU Case Status: Closed: SOL Expired prior to APU, December 16, 2025
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #202106194, September 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Forcible Removal to Hospital Black Female, 55-59 Within NYPD Guidelines
additional details
Complaint #202107632, July 2021
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 10-14 Within NYPD Guidelines
Abuse of Authority: Forcible Removal to Hospital Black Female, 10-14 Within NYPD Guidelines
additional details
Complaint #202102489, April 2021
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 70-74 Exonerated
additional details
Complaint #202007689, November 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 40-44 Substantiated (Command Discipline A)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details
Complaint #202103548, May 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 25-29 Unfounded
Abuse of Authority: Threat of arrest Age 21-24 Unfounded
Discourtesy: Word Black Female, 25-29 Unsubstantiated
Offensive Language: Other Black Female, 25-29 Unsubstantiated
additional details
Complaint #201911019, December 2019
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 50-54 Unfounded
Discourtesy: Word Hispanic Female, 21-24 Unfounded
Abuse of Authority: Refusal to provide name Hispanic Female, 21-24 Unsubstantiated
Abuse of Authority: Refusal to provide shield number Hispanic Female, 21-24 Unsubstantiated
Discourtesy: Word Hispanic Female, 50-54 Unsubstantiated
Discourtesy: Word Hispanic Female, 21-24 Unsubstantiated
Discourtesy: Word Hispanic Female, 50-54 Unfounded
Documents: Complaint Closing Report
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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine 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' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Discipline

Case: 2022-26012
Closed: 12/2/2022
Case Details:
  1. Wrongfully used physical force.
Recommendation: Command Discipline - A


Lawsuits

Named in 4 known lawsuits, $97,500 total settlements.

James, Egobeda vs City of Ny, et al.
Case # 719842/2024, Supreme Court - Queens, January 21, 2025

James, Egobeda vs City of Ny, et al.
Case # 718489/2024, Supreme Court - Queens, January 2, 2025

Mcgregor, Shashala vs The City of Ny, et al.
Case # 24CV06951, U.S. District Court - Eastern District NY, October 24, 2024
Complaint
Description: On July 28, 2023, plaintiff was driving on Memphis Avenue in the County of Queens, City and State of New York and her ex boyfriend purposefully cut into traffic and in front of plaintiff's vehicle, sideswiping her and causing damage to both vehicles. Plaintiff's ex boyfriend got out of his vehicle, attacked Ms. McGregor, tried to drag her from her vehicle, ripped the driver’s door off its hinges, and then stole her phone on which she had recorded this events. Plaintiff drove away and called the police from a land line at her mother’s house a few blocks away. When she returned to the scene defendant NYPD officer Caeser and her partner were already there and in conversation with her ex-boyfriend, whom plaintiff b...

Mitchell, Scarlet vs City of New York, et al.
Case # 22CV07437, U.S. District Court - Eastern District NY
$97,500 Settlement
Complaint
Description: On September 8, 2021, plaintiff, SCARLET MITCHELL, a domestic violence victim, was without cause or justification, unlawfully and unreasonably arrested by defendant NYPD officers, LAUREN LUCIANO, JOSE GUTIERREZ, CHRISTOPHER DOUSE, and MICHAEL PALAGONIA, for possession of the firearm that she herself had been assaulted and threatened with by her then boyfriend. Despite plaintiff’s claim that she was victim, her reports of injuries, and that defendants possessed information from dispatch via the multiple 911 calls that had been made that plaintiff was the victim, all of which confirmed there was a reason to doubt that the gun belonged to plaintiff, defendants conducted no further investigation, including making e...