Complaint #200808923,
June 12, 2008

Officer: Labella, Vito
Complainant: Male, 33
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Crose, Jon
Complainant: Male, 33
Allegation: Discourtesy: Action
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Labella, Vito Male, 33 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Crose, Jon Male, 33 Discourtesy: Action Unfounded

Conclusion Meanings:

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 June 12, 2008, at approximately 1:30 AM, [redacted] entered the uptown side of the Astor Place 6 train subway station in Manhattan. [redacted] realizing he needed change for a $20 bill, asked everyone he encountered for several minutes to break the large bill until he finally received change; he was allegedly speaking in a loud, boisterous and profane manner. He then entered the turnstile and went to the subway platform, where four officers from Transit Bureau District 4 were located – Sgt. Florin Duta, PO Jon Crose, PO Brian Folmer and PO Christopher Bradley. [redacted] then walked to the edge of the platform and pantomimed jumping in front of an oncoming train, at which point he was issued a summons by PO Folmer. [redacted] disputed the summons; during the ensuing conversation, PO Crose allegedly intentionally spit on his face (Allegation A). [redacted] was escorted out of the station, and went to the Transit District 4 stationhouse to complain. There, he spoke to Lt. Vito Labella, who allegedly refused to take [redacted]s complaint about the officers' conduct (Allegation B). Read report for details.


Details

Incident: June 12, 2008
Received: June 23, 2008
Closed: April 30, 2009

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 9th Precinct Manhattan
Outcome: Summons - disorderly conduct

Witness Officers: Christophe Bradley, Florin Duta, Brian Folmer