Complaint #200710299,
July 15, 2007

Officer: Nicoletta, Vito
Complainant: Black Male, 21
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Nicoletta, Vito
Complainant: Black Male, 21
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Nicoletta, Vito
Complainant: Black Male, 21
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Nicoletta, Vito
Complainant: Black Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Nicoletta, Vito
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Nicoletta, Vito
Complainant: Black Female, 19
Allegation: Offensive Language: Ethnicity
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Nicoletta, Vito
Complainant: Black Female, 19
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Chiam, John
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Lavelle, Jennifer
Complainant: Black Female, 19
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Chiam, John
Complainant: Black Male, 21
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Lipinski, Mack
Complainant: Black Male, 21
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Lavelle, Jennifer
Complainant: Black Female, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Baez, Angelo
Complainant: Black Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Nicoletta, Vito Black Male, 21 Abuse of Authority: Search (of person) Exonerated
Nicoletta, Vito Black Male, 21 Abuse of Authority: Frisk Exonerated
Nicoletta, Vito Black Male, 21 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Nicoletta, Vito Black Male, 21 Discourtesy: Word Unsubstantiated
Nicoletta, Vito Black Male, 21 Force: Physical force Substantiated (Charges)
Nicoletta, Vito Black Female, 19 Offensive Language: Ethnicity Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Nicoletta, Vito Black Female, 19 Abuse of Authority: Threat of arrest Unsubstantiated
Chiam, John Black Male, 21 Force: Physical force Substantiated (Charges)
Lavelle, Jennifer Black Female, 19 Abuse of Authority: Search (of person) Unsubstantiated
Chiam, John Black Male, 21 Force: Gun Pointed Exonerated
Lipinski, Mack Black Male, 21 Abuse of Authority: Strip-searched Exonerated
Lavelle, Jennifer Black Female, 19 Abuse of Authority: Frisk Unsubstantiated
Baez, Angelo Black Male, 21 Abuse of Authority: Stop 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.


Summary

On July 15, 2007, at approximately 10:15 PM, [redacted] obtained marijuana from a friend, whose name was not provided, in an apartment on [redacted] between [redacted] and [redacted] in Brooklyn. [redacted] met his girlfriend, [redacted] at the corner of [redacted] and [redacted] and they walked on [redacted] and were stopped by Officer Vito Nicoletta, Officer Jennifer Lavelle, and Sergeant Domenico Colavito at the corner of [redacted] and [redacted] (allegation A). Officer Nicoletta conducted a frisk and search of [redacted] (allegations B and C) and Officer Lavelle conducted a frisk and search of [redacted] (allegations D and E). During the search of [redacted] Officer Nicoletta recovered marijuana from [redacted] s right sock and in looking at [redacted] s Trinidad and Tobago driver's license, allegedly stated, "What's this shit? This is not a valid ID. You got to go to jail" (allegation F). [redacted] then ran from the officers north on [redacted] Near the corner of [redacted] and [redacted] Officer John Chiam pointed his weapon at [redacted] (allegation G), which caused [redacted] to stop and go to the ground. Officer Nicoletta arrived to the scene and pushed [redacted] s head against the ground with his hands and then stomped his head to the ground twice (allegation H). Officer Chiam kicked [redacted] once on the right side of his body (allegation I). Officer Nicoletta allegedly called [redacted] a "dickhead" and a "nigger" (allegation J). [redacted] further alleged that in putting him into the prisoner van, Officer Nicoletta stated, "You think you're fucking smart. Later I'm going to take off those handcuffs and beat your ass" and used the word "fucking" in ordering [redacted] into the prisoner van (allegation F). Officer Lavelle again searched [redacted] and Officer Nicoletta obtained her Trinidad and Tobago driver's license, at which point he stated, "Well, I don't want to see this. Go back to your country, go back to where you came from. We don't want you here. If you want to buy drugs, go back to your... Read report for details.


Details

Incident: July 15, 2007
Received: July 18, 2007
Closed: August 29, 2008
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Domenico Colavito, Tyrone Kirton