Complaint #201407082,
July 5, 2014

Officer: Marotta, Cecilia
Complainant: Black Female, 59
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Osilenker, Vadim
Complainant: Black Male, 38
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Osilenker, Vadim
Complainant: Black Male, 38
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Marotta, Cecilia
Complainant: Black Female, 59
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Marotta, Cecilia Black Female, 59 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Osilenker, Vadim Black Male, 38 Discourtesy: Word Substantiated (Command Discipline B)
Osilenker, Vadim Black Male, 38 Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Marotta, Cecilia Black Female, 59 Discourtesy: Word Unfounded

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalty

Osilenker, Vadim
Command Discipline - B

Summary

On July 5, 2014, at approximately 6:47 p.m., PO Vadim Osilenker and PO Stanislav Mozheiko both of the 60th Precinct responded to a radio transmission regarding a male who was stabbed in the vicinity of West 24th Street between Mermaid Avenue and Neptune Avenue in Brooklyn. PO Osilenker was the operator of marked RMP 3334, while PO Mozheiko sat in the front passenger seat. [redacted] was present at the incident location and began video recording what was happening with his cell phone. As PO Osilenker was reversing the patrol car in order to leave the location, he hit [redacted] parked vehicle, causing [redacted] front bumper to crack in half (Allegation A). As PO Osilenker continued to reverse the patrol car onto the sidewalk, [redacted] yelled out to PO Osilenker that he had "broke his bumper". In response, PO Osilenker told [redacted] to "step out of the fucking way" (Allegation B) and continued to reverse down the sidewalk.
Between July 6, 2014 and July 11, 2014, [redacted] and his mother [redacted] went to the 60th Precinct stationhouse multiple times to file an accident report regarding the aforementioned incident. On either July 8, 2014 or July 11, 2014, [redacted] and [redacted] spoke with PO Cecilia Pena of the 60th Precinct about their paperwork. PO Pena was sitting behind the front desk and she was dressed in uniform; however, she did not have her shield on due to being on medical restriction. During this interaction, [redacted] asked PO Pena for her name and shield number. During both of their phone statements, [redacted] and [redacted] indicated that PO Pena had stated her name, but then during their sworn statements, [redacted] and [redacted] did not mention if PO Pena stated her name. According to [redacted] PO Pena allegedly responded by asking [redacted] "if it looked like she was wearing a fucking badge" (Allegation C and Allegation D). According to [redacted] PO Pena had pointed to her nameplate and said that her name was on it and that she was not wearing a shield. [redacted] then alleged that... Read report for details.


Details

Incident: July 5, 2014
Received: July 15, 2014
Closed: April 28, 2015

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 60th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Stanislav Mozheiko, Christopher Vincenti
Video evidence collected