Complaint #200608793,
July 3, 2006

Officer: Cappolla, Thomas
Complainant: Black Male, 15
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Cappolla, Thomas
Complainant: Black Male, 15
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer: Barbieri, Christopher
Complainant: Black Male, 15
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Cappolla, Thomas Black Male, 15 Abuse of Authority: Question and/or stop Exonerated
Cappolla, Thomas Black Male, 15 Abuse of Authority: Search (of person) Substantiated (Charges)
Barbieri, Christopher Black Male, 15 Abuse of Authority: Search (of person) Unsubstantiated

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.
'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

Cappolla, Thomas
Command Discipline - A

Summary

On July 3, 2006 at approximately 10:00 PM, Mr. [redacted] walked away from his friends and went inside a park at Mott Avenue in Queens in order to call his mother, Dr. [redacted], using his mobile phone. After completing this call, three uniformed officers, later identified as PO Thomas Cappolla, PO [redacted] and Sgt. [redacted] from the 101st Precinct, approached Mr. [redacted]. PO Cappolla asked Mr. [redacted] how old he was and what he was doing inside the park. Mr. [redacted] explained that he was fifteen years old and had just called his mother. PO Cappolla asked Mr. [redacted] for his identification and Mr. [redacted] told him that he did not have any (Allegation A). PO Cappolla then searched Mr. [redacted] (Allegation B). РО [redacted] and Sgt. [redacted] approached Mr. [redacted] and noticed that the fly on his pants was unzipped. PO [redacted] stated, "What are you hiding in here? Drugs?" and reached his finger inside Mr. [redacted]'s pants, but did not touch Mr. [redacted] genitals because his pants were large and baggy (Allegation C). The officers then left the location and did not issue a summons, note the incident in their memo books, or file a stop question and frisk report as is required by Patrol Guide Procedure 212-11(Allegation D). Read report for details.


Details

Incident: July 3, 2006
Closed: October 6, 2006

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

Witness Officers: Patrick Kenney