Complaint #201304366, May 2013

Incident: May 14, 2013
Received: May 21, 2013
Closed: November 5, 2014


Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Francesco Allevato, Jose Sandoval, Jean Seder
Officer: Calhoun, Gary
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Charges)
Officer: Peralta, Kelvin
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Charges)
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer: Peralta, Kelvin
Complainant: Black Male, 25
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Charges)
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Calhoun, Gary Black Male, 25 Abuse of Authority: Vehicle search Substantiated (Charges)
Peralta, Kelvin Black Male, 25 Abuse of Authority: Vehicle stop Unsubstantiated
Nicosia, Joseph Black Male, 25 Abuse of Authority: Vehicle stop Unsubstantiated
Nicosia, Joseph Black Male, 25 Discourtesy: Action Substantiated (Charges)
Nicosia, Joseph Black Male, 25 Abuse of Authority: Search (of person) Substantiated (Charges)
Peralta, Kelvin Black Male, 25 Force: Gun Pointed Unsubstantiated
Nicosia, Joseph Black Male, 25 Force: Gun Pointed Substantiated (Charges)
Nicosia, Joseph Black Male, 25 Abuse of Authority: Threat to damage/seize property Substantiated (Charges)

Penalties

Calhoun, Gary
Forfeit vacation 4 days
Closed: Resolved by plea, August 2016
APU Guilty
Forfeit vacation 4 days

Nicosia, Joseph
Closed: Retained, without discipline, November 2014
APU Closed: Retained, without discipline
No penalty


Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.