Complaint #200812748,
August 21, 2008

Officer: Spagnuolo, Edward
Complainant: White Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Zuccaro, Bryan
Complainant: White Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Spagnuolo, Edward
Complainant: Male
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Complainant Uncooperative
Officer: Unknown Officer
Complainant: White Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Spagnuolo, Edward White Male, 23 Force: Physical force Unfounded
Zuccaro, Bryan White Male, 23 Discourtesy: Word Unfounded
Spagnuolo, Edward Male Abuse of Authority: Search (of person) Complainant Uncooperative
Unknown Officer White Male, 21-24 Discourtesy: Word Unfounded

Conclusion Meanings:

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

Around 4:00 PM on August 21, 2008, [redacted] was with his friends [redacted] and [redacted]. The three had just dropped off another friend, [redacted] at his home on 35th Street and Broadway in Queens. [redacted] had gone to get something from his apartment, and they were double parked outside his building waiting for him to return. [redacted] was sitting in the rear driver's side seat, [redacted] was driving the car, and [redacted] was sitting in the rear passenger's side seat.
They had been double parked for 1-2 minutes when a vehicle pulled in front of their car, and two plain clothed police officers exited the vehicle and approached their car. PO1, whom [redacted] identified as Det. Spagnuolo from his arrest paperwork, was a white male in his 40's with short blonde hair, blue eyes, a blonde mustache, was about 5'10" tall and had an average build. PO2, identified through the investigation as Sgt. Curran, was a white male in his 40's with black curly hair, a husky build, around 5'10"-6'2" tall, no facial hair or glasses.
Det. Spagnuolo approached the passenger's side of the vehicle, and asked the three young men what they were doing there. They asked why he had approached the car, and he said, "You're double parked, any other questions?" Det. Spagnuolo walked around the car to speak with [redacted] and ordered him to exit the car. Once [redacted] had exited the vehicle, Det. Spagnuolo reached his hand inside the pocket of his sweatpants (Allegation A), and then immediately handcuffed him. Det. Spagnuolo ordered [redacted] and [redacted] to exit the car because they were under arrest. [redacted] protested that he did not have marijuana and should not be arrested. Det. Spagnuolo took a bag of marijuana from [redacted] pocket and tossed it into the car. PO1 said, "It's in the car." Initially [redacted] stated that he did not see Det. Spagnuolo throw the marijuana into the car, but later he asserted that he did.
Det. Spagnuolo ordered [redacted] to put his hands against the car and spread his legs. [redacted]... Read report for details.


Details

Incident: August 21, 2008
Received: September 3, 2008
Closed: October 22, 2009

Reason for contact: Parking violation
Location: Street/highway
In NYPD 114th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Michael Cervini, Terence Curran