Complaint #201401094,
February 2, 2014

Officer: Elsayed, Omar
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Todaro, John
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Kwo, Emmanuel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Kwo, Emmanuel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Elsayed, Omar
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Elsayed, Omar
Complainant: Hispanic Female, 25
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Elsayed, Omar
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Unsubstantiated
Officer: Elsayed, Omar
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Todaro, John
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Todaro, John
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Todaro, John
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer: Kwo, Emmanuel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Todaro, John
Complainant: Hispanic Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Kwo, Emmanuel
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Kwo, Emmanuel
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Todaro, John
Complainant: Hispanic Female, 25
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Elsayed, Omar Abuse of Authority: Premises entered and/or searched Unsubstantiated
Todaro, John Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Kwo, Emmanuel Hispanic Male, 24 Abuse of Authority: Frisk Substantiated (Formalized Training)
Kwo, Emmanuel Hispanic Male, 24 Abuse of Authority: Search (of person) Unsubstantiated
Elsayed, Omar Hispanic Male, 24 Discourtesy: Word Substantiated (Charges)
Elsayed, Omar Hispanic Female, 25 Abuse of Authority: Threat of arrest Unsubstantiated
Elsayed, Omar Abuse of Authority: Threat to notify ACS Unsubstantiated
Elsayed, Omar Abuse of Authority: Frisk Substantiated (Charges)
Todaro, John Hispanic Male, 24 Abuse of Authority: Stop Unsubstantiated
Todaro, John Hispanic Male, 24 Abuse of Authority: Frisk Substantiated (Charges)
Todaro, John Hispanic Male, 24 Abuse of Authority: Search (of person) Substantiated (Charges)
Kwo, Emmanuel Hispanic Male, 24 Abuse of Authority: Search (of person) Exonerated
Todaro, John Hispanic Male, 32 Discourtesy: Word Unsubstantiated
Kwo, Emmanuel Hispanic Male, 32 Abuse of Authority: Frisk Substantiated (Formalized Training)
Kwo, Emmanuel Hispanic Male, 32 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Todaro, John Hispanic Female, 25 Abuse of Authority: Threat of arrest Unsubstantiated

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.
'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

Todaro, John
Forfeit vacation 4 days
Closed: Resolved by plea, October 14, 2016
APU Guilty
Forfeit vacation 4 days

Elsayed, Omar
Forfeit vacation 2 days
Closed: Resolved by plea, October 14, 2016
APU Guilty
Forfeit vacation 2 days

Summary

On February 2, 2014, at approximately 12:35 a.m., PO Emmanuel Kwo, PO Omar Elsayed, and SGT John Todaro, all from the 121st Precinct, were performing a vertical patrol at [redacted] in Staten Island. While on the roof, they observed [redacted] and [redacted] allegedly packaging narcotics through [redacted]'s bedroom window (encl. C2).
PO Elsayed and PO Kwo went to the front of the building to attempt to stop [redacted] and [redacted] on their way out of [redacted] while SGT Todaro remained on the roof. While they waited, [redacted] entered the building and told the officers he was going to go see [redacted] which PO Elsayed knew to be a nickname of [redacted]. Shortly thereafter, [redacted] and [redacted] exited the building, where they were stopped by PO Kwo and PO Elsayed, as per instructions from SGT Todaro (Allegation A). PO Elsayed said to [redacted] "You know me. I don't treat you like fucking shit" (Allegation B). PO Kwo frisked [redacted] searched [redacted]'s jacket, and searched his backpack (Allegations C, D, and E). PO Elsayed frisked [redacted] (Allegation F). PO Kwo frisked and searched [redacted] (Allegation G and H). SGT Todaro came to the front of the building and frisked [redacted] (Allegation I). SGT Todaro searched a black plastic bag that [redacted] was holding (Allegation J). PO Bryan Burgess and PO Jonathon Decastro responded to the front of the building at this time.
PO Elsayed went to the [redacted] floor apartment. [redacted] and [redacted]'s sister and mother respectively, answered the door. PO Elsayed asked to enter the [redacted] apartment and [redacted] and [redacted] told him that he could not enter. PO Elsayed allegedly told [redacted] that if he had to get a warrant, he would call ACS for her child and that she and [redacted] were going to be arrested (Allegation K and L). SGT Todaro came up to the apartment and threatened to arrest [redacted] (Allegation M). PO Elsayed and SGT Todaro entered the apartment and searched [redacted]'s bedroom (Allegation N and O). At one point, PO... Read report for details.


Details

Incident: February 2, 2014
Received: February 4, 2014
Closed: May 11, 2015

Reason for contact: Other
Location: Apartment/house
Outcome: No arrest made or summons issued

Witness Officers: Bryan Burgess, Jonathan Decastro, Stephen Furno, Kenneth Greene, Joseph Perfetto, Vincent Setteducato
Video evidence collected