Complaint #200511684,
September 23, 2005

Officer: Fabara, Carlos
Complainant: Black Male, 15
Allegation: Abuse of Authority: Question and/or stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Fabara, Carlos
Complainant: Black Female, 37
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Fabara, Carlos
Complainant: Black Male, 15
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Fabara, Carlos
Complainant: Black Male, 15
Allegation: Discourtesy: Gesture
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer: Florio, John
Complainant: Black Male, 15
Allegation: Discourtesy: Gesture
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer: Konoski, Eric
Complainant: Black Male, 15
Allegation: Discourtesy: Gesture
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unsubstantiated
Officer: Konoski, Eric
Complainant: Black Male
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Fabara, Carlos
Complainant: Black Male, 15
Allegation: Abuse of Authority: Threat of arrest
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Fabara, Carlos Black Male, 15 Abuse of Authority: Question and/or stop Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Fabara, Carlos Black Female, 37 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Fabara, Carlos Black Male, 15 Abuse of Authority: Frisk Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Fabara, Carlos Black Male, 15 Discourtesy: Gesture Unsubstantiated
CCRB Investigator Recommendation: Unfounded
Florio, John Black Male, 15 Discourtesy: Gesture Unsubstantiated
CCRB Investigator Recommendation: Unfounded
Konoski, Eric Black Male, 15 Discourtesy: Gesture Unsubstantiated
CCRB Investigator Recommendation: Unfounded
Konoski, Eric Black Male Abuse of Authority: Frisk Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Fabara, Carlos Black Male, 15 Abuse of Authority: Threat of arrest Unsubstantiated
CCRB Investigator Recommendation: Exonerated

Conclusion Meanings:

'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.


Penalties

Fabara, Carlos
No Disciplinary Action-DUP
No penalty

Konoski, Eric
No Disciplinary Action-DUP
No penalty

Summary

[redacted] complaint arose from the following events: on Friday 9/23/2005 at approximately 8:52 PM, [redacted]-year-old son [redacted] and [redacted]-year-old son [redacted] were hanging out in front of [redacted] in Queens, where the brothers were staying with their family, when they were stopped by the 101st Precinct Anti-Crime team, consisting of Sergeant Carlos Fabara, Officer Eric Konoski and Officer John Florio (allegation A). Sergeant Fabara frisked [redacted] (allegation B), while Officer Konoski frisked [redacted] (allegation C). During the encounter, [redacted] argued with the officers, allegedly prompting an unidentified officer to threaten him with arrest (allegation D). The officers released the brothers, and, according to [redacted] made rude finger gestures at the boys as they drove away (allegations E, F and G.) [redacted] also claimed that an officer identified by investigation as Officer Konoski licked his tongue at [redacted] as they drove away; this allegation was referred to IAB under log # 05-35535.
[redacted] her husband [redacted] and their friend [redacted] learned of the stop from [redacted] and came outside with him hoping to speak with the officers. As the group stood in front of [redacted] they observed Sergeant Fabara, Officer Konoski and Officer Florio driving back towards the building. [redacted] and [redacted] spoke with the officers, and [redacted] alleged that, when she asked Sergeant Fabara for his name, he refused to provide it (allegation H).
[redacted] Read report for details.


Details

Incident: September 23, 2005
Received: September 29, 2005
Closed: October 13, 2006

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: No arrest made or summons issued