Jose A. Gutierrez

Badge #1547, Hispanic Male
Police Officer at 105th Precinct since November 2016, active
Service started October 2015, made $112,000 last year, Tax #959678

Substantiated Allegations:
Force: Physical force

Discipline Cases:

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

View Details

Complaints

7 Complaints
17 Allegations
1 Substantiated
1 Substantiated (Command Discipline A)
1 Closed - Pending Litigation
1 Exonerated
5 Unfounded
6 Unsubstantiated
3 Within NYPD Guidelines

Complaint #202309955, August 2023
Allegation: Force: Physical force
Complainant: Female, 30-34
CCRB Conclusion: Closed - Pending Litigation
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 #202309955, August 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Female, 30-34 Closed - Pending Litigation
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 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.
'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: 2022-26012
Closed: 12/2/2022
Case Details:
  1. Wrongfully used physical force.
Recommendation: Command Discipline - A


Lawsuits

Mitchell, Scarlet vs City of New York, et al.
Case # 22CV07437, U.S. District Court - Eastern District NY, March 7, 2023
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...