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Q&A

CM Cabán on police violence exclusion from crime statistics

New York City Council · Sep 16, 2026 · starts 1:22:29 · 3 min 12 sec

Cabán asks whether police violence is counted in crime statistics. Gerber says if an officer commits a crime it's included, but justified use of force is not. Cabán argues excessive force settlements show a gap in crime data, noting police account for up to 5% of U.S. murders.

Tiffany L. Cabán

Now, is police violence counted in your crime statistics?

Member of the Public - Michael Gerber

What do you mean by police violence?

Tiffany L. Cabán

Well, when a police officer commits an assault on the job.

Tiffany L. Cabán

Is that included in the crime statistics that the NYPD puts out?

Member of the Public - Michael Gerber

If you're talking about a police officer who goes and commits a crime, right?

Member of the Public - Michael Gerber

If a police officer goes, commits a crime for which a person will be arrested and prosecuted, would that go into our statistics?

Member of the Public - Michael Gerber

Yes.

Member of the Public - Michael Gerber

When officers, as they sometimes have to do, unfortunately, use force in connection with policing, and that is at times necessary and appropriate, consistent with the law and consistent with our policy.

Member of the Public - Michael Gerber

No, of course that would not count.

Tiffany L. Cabán

Does it get included in the crime statistics when they use excessive force?

Member of the Public - Michael Gerber

If an officer has committed a crime, if we have a member of service, like anyone else in the city, who commits a crime, that will be included in the crime data.

Tiffany L. Cabán

So it shows a gap, right?

Tiffany L. Cabán

Because we're seeing, and we still see them in the millions and millions of dollars of settlements we get because of instances of police brutality, of excessive force, that no, those officers aren't being charged with a crime.

Tiffany L. Cabán

If they were in civilian clothing, they probably would be.

Tiffany L. Cabán

Let me finish.

Tiffany L. Cabán

And so there might be a settlement saying, this officer, this officer.

Tiffany L. Cabán

Used excessive force.

Tiffany L. Cabán

Outside of this context, that would be a crime, but it's not included in the crime statistics.

Tiffany L. Cabán

So I guess what I'm saying is that the crime statistics don't really show the full picture of what we're looking at, and I would hope that we start

Tiffany L. Cabán

using a metric of data that is a little bit more comprehensive than that.

Tiffany L. Cabán

For example, police are responsible for up to 5% of murders in the U.S.

Tiffany L. Cabán

That's not captured in crime statistics, right?

Tiffany L. Cabán

And I would like to know if the crime statistics also are, are they measuring other

Tiffany L. Cabán

parts of public safety, like do our crime statistics measure how many people die because they're sleeping out in the cold?

Member of the Public - Michael Gerber

Councilmember, our crime statistics, it will not surprise you to learn, measure crime.

Member of the Public - Michael Gerber

There are many other important data sets out there in statistics that are not measured through NYPD crime data.

Tiffany L. Cabán

So our crime statistics and, listen.

Tiffany L. Cabán

Indulge me in this exercise.

Tiffany L. Cabán

Our crime statistics also don't reflect the number of people who die because they didn't get medical care, mental health care, etc.

Tiffany L. Cabán

Correct?

Member of the Public - Michael Gerber

Correct.

Tiffany L. Cabán

It doesn't account for people who die or left unsafe because of workplace conditions, anything like that.

Tiffany L. Cabán

It doesn't.

Tiffany L. Cabán

It just is.

Tiffany L. Cabán

Right.

Member of the Public - Michael Gerber

Our crime data reflects.

Member of the Public - Michael Gerber

Crime complaints in the city.

Tiffany L. Cabán

So do you think...

Member of the Public - Michael Gerber

That we're measuring.

Tiffany L. Cabán

Sure.

Tiffany L. Cabán

Do you think it's a good and accurate measure of the overall safety of our city, our crime statistics?

Member of the Public - Michael Gerber

I think it is a very good measure, an outstanding measure of crime in New York City.

Member of the Public - Michael Gerber

Again, there are many other things that are incredibly important and significant and need to be measured, but they're not measured through NYPD.

Member of the Public - Michael Gerber

Crime statistics.

Tiffany L. Cabán

Right.

Tiffany L. Cabán

Listen, I just want to get that on the record.