Complaint #200906868,
April 29, 2009

Officer: Pantaleo, Daniel
Complainant: Black Male, 28
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Pantaleo, Daniel Black Male, 28 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Unknown Officer Black Male, 25-29 Force: Physical force Exonerated

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.
'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 April 28, 2009, at approximately 11:30pm, [redacted] received a call that his grandmother, [redacted] had passed away. He took a taxi to her apartment at 260 Broadway, [redacted] in Staten Island. When he arrived, [redacted] walked directly toward the apartment without saying anything and was in the process of opening the door when PO Timothy Lake and PO Nicholas Fazio, both of the 120th Precinct, grabbed him and pulled him back. An officer, PO1, swiftly removed a four-inch knife from his pocket and PO Lake and PO Fazio pushed [redacted] away from the door. For approximately fifteen minutes, the officers told [redacted] to back away from the apartment as he screamed and cursed at them, and continued trying to get into the apartment. [redacted] then attempted to mediate at which point Sgt. Brian Rabbitte of the 120th Precinct allegedly picked him up and threw him into [redacted]. [redacted] grew increasingly angry, clenched his fists, and threatened to hit the officers. When [redacted] took a step toward the officers, they grabbed him and allegedly threw him to the ground. Some officers allegedly kicked his head and punched his ribs and upper torso while others held his limbs (Allegation A). One of the officers allegedly punched his temple. Sgt. Rabbitte allegedly stepped on [redacted]'s face and neck, which was against a concrete walkway. He later requested medical treatment, which PO Pantaleo allegedly did not provide (Allegation B). [redacted] did not take pictures of his injuries, nor did he seek medical treatment.
[redacted] Read report for details.


Details

Incident: April 29, 2009
Received: May 5, 2009
Closed: December 24, 2009

Reason for contact: Other
Location: Apartment/house
In NYPD 120th Precinct Staten Island
Outcome: Arrest - other violation/crime

Witness Officers: Nicholas Fazio, Timothy Lake, Brian Rabbitte