Complaint #201304366,
May 14, 2013

Officer: Calhoun, Gary
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle search
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Peralta, Kelvin
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Discourtesy: Action
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board 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 Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Nicosia, Joseph
Complainant: Black Male, 25
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Calhoun, Gary Black Male, 25 Abuse of Authority: Vehicle search Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Peralta, Kelvin Black Male, 25 Abuse of Authority: Vehicle stop Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Nicosia, Joseph Black Male, 25 Abuse of Authority: Vehicle stop Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Nicosia, Joseph Black Male, 25 Discourtesy: Action Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
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)
CCRB Investigator Recommendation: Unsubstantiated
Nicosia, Joseph Black Male, 25 Abuse of Authority: Threat to damage/seize property Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalties

Calhoun, Gary
Forfeit vacation 4 days
Closed: Resolved by plea, August 11, 2016
APU Guilty
Forfeit vacation 4 days

Nicosia, Joseph
Closed: Retained, without discipline, November 12, 2014
APU Closed: Retained, without discipline
No penalty

Document

Complaint Closing Report

Details

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