Complaint #200803199,
August 4, 2007

Officer: Nicoletti, Daniel
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Nicoletti, Daniel
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Biegler, Douglas
Complainant: Black Male, 27
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Biegler, Douglas
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Zucker, Matthew
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Realmuto, Vincent
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Biegler, Douglas
Complainant: Black Male, 27
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Nicoletti, Daniel Black Male, 27 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Nicoletti, Daniel Black Male, 27 Force: Physical force Unsubstantiated
Biegler, Douglas Black Male, 27 Abuse of Authority: Property damaged Exonerated
Biegler, Douglas Black Male, 27 Discourtesy: Word Unsubstantiated
Zucker, Matthew Black Male, 27 Force: Physical force Unsubstantiated
Realmuto, Vincent Black Male, 27 Force: Physical force Unsubstantiated
Biegler, Douglas Black Male, 27 Abuse of Authority: Threat to damage/seize property Unsubstantiated
Unknown Officer Black Male, 25-29 Force: Physical force Officer(s) Unidentified

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
'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 August 4, 2007 at about 2:00 AM, in the vicinity of McDonough Street and Stuyvesant Avenue in Brooklyn, [redacted] was sitting in the driver's seat of his vehicle and his friend [redacted] was sitting in the passenger seat when PO Daniel Nicoletti and PO Matthew Zucker approached the vehicle. At the time, [redacted] was drinking alcohol from a Styrofoam cup and there was a bottle of vodka in the car's rear seat. PO Nicoletti asked [redacted] to roll his window down and get out of the car. [redacted] refused to do this. [redacted] told PO Nicoletti that he was drinking cranberry juice and PO Nicolleti allegedly said, "Do you think I am fucking stupid? I can smell the alcohol from here." When [redacted] asked why he needed to open the door, PO Nicoletti allegedly responded, "Because I fucking told you" (Allegation A). PO Nicoletti called for backup and Sgt. Douglas Biegler arrived on the scene with PO Vincent Realmuto. Sgt. Biegler approached [redacted] and threatened to "take the fucking window" (Allegation B). Sgt. Biegler then took out a small hammer and smashed the driver's side window (Allegation C). When [redacted] asked why he was being placed under arrest, an officer who he did not remember told him that he was being arrested for "being fucking stupid" (Allegation D). Sgt. Biegler told [redacted] "You put us through all this for this shit? You could have just opened the door. (Allegation E). PO Nicoletti, PO Zucker, PO Realmuto, and several other officers then grabbed [redacted] took him out of the car, threw him on the ground (Allegations F, G, H, and I). Read report for details.


Details

Incident: August 4, 2007
Received: March 1, 2008
Closed: August 29, 2008

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - resisting arrest