Complaint #200301995,
March 5, 2003

Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Miraglia, Daniel
Complainant: Hispanic Female, 15
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Burke, Nicole
Complainant: Hispanic Female, 42
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Miraglia, Daniel
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Miraglia, Daniel
Complainant: Hispanic Female, 42
Allegation: Abuse of Authority: Property damaged
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Miraglia, Daniel
Complainant: Hispanic Female, 42
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Miraglia, Daniel
Complainant: Hispanic Female, 15
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Hispanic Male, 15-17 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 15-17 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Miraglia, Daniel Hispanic Female, 15 Force: Gun Pointed Exonerated
Burke, Nicole Hispanic Female, 42 Force: Physical force Exonerated
Miraglia, Daniel Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Miraglia, Daniel Hispanic Female, 42 Abuse of Authority: Property damaged Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Miraglia, Daniel Hispanic Female, 42 Discourtesy: Word Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated
Miraglia, Daniel Hispanic Female, 15 Discourtesy: Word Substantiated (Charges)
CCRB Investigator Recommendation: Exonerated
Unknown Officer Abuse of Authority: Premises entered and/or searched Officer(s) Unidentified
Unknown Officer Hispanic Male, 15-17 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Unfounded

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Miraglia, Daniel
No Disciplinary Action-DUP
No penalty

Summary

On March 5, 2003, at approximately 3:30 PM, [redacted] was near [redacted] in Brooklyn when a fight broke out among some students. Moments later, he saw PO Nicole Burke of the 79th Precinct pointing at him. While he was not involved in the fight, [redacted] became afraid and ran home, and entered [redacted] a two-dwelling building. PO Burke followed him. She called for assistance, and officers arrived two minutes later. The officers, supervised by Lt. Miraglia, forcibly entered the building, breaking the door. The officers first searched the second floor apartment, and then entered the [redacted]'s first floor apartment. In addition to [redacted] his sister, [redacted] and his mother, [redacted] were home. [redacted] stated that Lt. Miraglia told her to "control [her] fucking dog!" [redacted] and [redacted] indicated that an officer used force against [redacted] when removing him from the closet. However, they disagree regarding which officer did so. It is also alleged that officers used force against [redacted] and that an unidentified officer threatened [redacted] with the use of force. [redacted] alleges that Lt. Miraglia pointed his gun at her and subsequently spoke to her discourteously. The family alleged that PO Burke dragged [redacted] out of the bedroom. Finally, [redacted] alleged that officers searched the apartment. However, no civilians witnessed that incident. Read report for details.


Details

Incident: March 5, 2003
Received: March 18, 2003
Closed: March 24, 2004

Reason for contact: Other
Location: Apartment/house
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Keith Arndt, Pedro Flores, Steven Giannitelli, Albert Gut, Paul Mazzarelli, John Mccarthy, Gregory Murphy, Edwin Rivera, Jacqueline Troy, Paul Viar