Complaint #201410175,
September 28, 2014

Officer: Alfieri, Michael
Complainant: White Male, 32
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Alfieri, Michael
Complainant: White Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Sullivan, Colin
Complainant: White Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Castiello, Nicholas
Complainant: White Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Benvenuto, Brian
Complainant: White Male, 32
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Alfieri, Michael White Male, 32 Force: Nonlethal restraining device Exonerated
Alfieri, Michael White Male, 32 Discourtesy: Word Unsubstantiated
Sullivan, Colin White Male, 32 Force: Physical force Exonerated
Castiello, Nicholas White Male, 32 Force: Physical force Exonerated
Benvenuto, Brian White Male, 32 Force: Pepper spray 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 September 27, 2014, at approximately 2:35 a.m., [redacted] was asked to leave club Cielo, located on 18 Little West 12th Street, in Manhattan by a bouncer within the club. While [redacted] was outside of the club, he had a discussion with the bouncer about paying his tab. According to [redacted] there were drinks on the tab that he never received and he wanted the tab adjusted. During this conversation a group of four officers, determined by investigation to be Sgt. Michael Alfieri, PO Brian Benvenuto, PO Colin Sullivan and PO Nicholas Castiello approached [redacted]. According to [redacted] Sgt. Alfieri stated to [redacted] that if he signed the tab, Sgt. Alfieri would go inside the club and speak to the manager about the discrepancy in the number of drinks he needed to pay for. [redacted] signed the tab and Sgt. Alfieri told him to "have a good night." [redacted] stated that Sgt. Alfieri was "not a man of his word" and stated that was why people don't respect the NYPD. Sgt. Alfieri then allegedly called [redacted] a "fucking punk." (Allegation A). [redacted] then began leaving the location but stopped to text his friend who was still inside the club. While [redacted] stopped, the same four officers approached and stated, "Let's go, get out of here." [redacted] continued to walk away, and the four officers continued to follow him until he reached the front of 5 9th Avenue and suddenly, an officer commanded [redacted] to "Get down." [redacted] sat down on nearby steps and put his hands above his head. Then, PO Sullivan and PO Castiello allegedly slammed [redacted] to the ground (Allegation B and C). While this was happening, [redacted] eyes were watering and he believed that an officer discharged his OC spray (Allegation D). Sgt. Alfieri then allegedly used his taser against [redacted] even though [redacted] was not resisting (Allegation E). [redacted] was arrested for [redacted], all of which [redacted] disputes. [redacted] was taken to [redacted] Hospital and refused treatment, however a taser prong was... Read report for details.


Details

Incident: September 28, 2014
Received: October 3, 2014
Closed: July 29, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Other
In NYPD 6th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Kenton Grant