Complaint #201410919,
October 3, 2014

Officer: Leite, Gary
Complainant: Black Male, 16
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Furno, Stephen
Complainant: Black Male, 16
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Furno, Stephen
Complainant: Black Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Guido, Peter
Complainant: Black Female, 15
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Babiak, Brian
Complainant: Black Female, 15
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Carr, Michael
Complainant: Black Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Babiak, Brian
Complainant: Black Female, 15
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Carr, Michael
Complainant: Black Female, 13
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Guido, Peter
Complainant: Black Female, 15
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Babiak, Brian
Complainant: Black Female, 15
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Carr, Michael
Complainant: Black Female, 13
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Peluso, Luigi
Complainant: Black Female, 15
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Peluso, Luigi
Complainant: Black Female, 15
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Murphy, John
Complainant: Black Female, 15
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Murphy, John
Complainant: Black Female, 15
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Murphy, John
Complainant: Black Female, 15
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Galizia, Justin
Complainant: Black Female, 15
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Carr, Michael
Complainant: Black Male, 16
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 15-17
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Female, 15-17
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Board Conclusion
Leite, Gary Black Male, 16 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Furno, Stephen Black Male, 16 Abuse of Authority: Stop Substantiated (Formalized Training)
Furno, Stephen Black Male, 16 Force: Physical force Unsubstantiated
Guido, Peter Black Female, 15 Discourtesy: Word Unsubstantiated
Babiak, Brian Black Female, 15 Discourtesy: Word Unsubstantiated
Carr, Michael Black Male, 16 Discourtesy: Word Unsubstantiated
Babiak, Brian Black Female, 15 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Carr, Michael Black Female, 13 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Guido, Peter Black Female, 15 Abuse of Authority: Threat of arrest Unsubstantiated
Babiak, Brian Black Female, 15 Abuse of Authority: Threat of arrest Unsubstantiated
Carr, Michael Black Female, 13 Force: Physical force Unsubstantiated
Peluso, Luigi Black Female, 15 Discourtesy: Word Unsubstantiated
Peluso, Luigi Black Female, 15 Abuse of Authority: Threat of arrest Unsubstantiated
Murphy, John Black Female, 15 Force: Physical force Unsubstantiated
Murphy, John Black Female, 15 Discourtesy: Word Unsubstantiated
Murphy, John Black Female, 15 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Galizia, Justin Black Female, 15 Force: Physical force Unsubstantiated
Carr, Michael Black Male, 16 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Unknown Officer Black Female, 15-17 Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Unknown Officer Black Female, 15-17 Force: Nonlethal restraining device Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalty

Furno, Stephen
Formalized Training

Summary

At approximately 10:30 p.m. on October 3, 2014, PO John Murphy, PO Gary Leite, and PO Stephen Furno of the 121st Precinct observed four males, [redacted] and [redacted] in Staten Island. [redacted] "hanging out" in the laundry room in the lobby of [redacted] is a Federal Trespass Affidavit (FTAP) building (BR01) and none of the four males resided in the building. The officers knew [redacted] and [redacted] from prior interactions and knew that they did not reside in [redacted]. None of the officers, however, knew [redacted]. As the officers entered the building and approached the males, [redacted] left the group and walked or ran towards the rear entrance of [redacted]. PO Furno went around the outside of the building to the rear entrance and stopped [redacted] (Allegation A). A struggle ensued and PO Furno and PO Leite allegedly punched and kicked [redacted] (Allegations B and C). Additional officers responded to the location and one of them, PO Michael Carr of the 121st Precinct, allegedly struck [redacted] with a baton (Allegation D). [redacted] was handcuffed, taken out of the building, placed into a marked car, and taken to the 121st Street stationhouse.
While [redacted] was being arrested at the rear of [redacted], a group of people from the neighborhood, including [redacted], his brother [redacted], his sister [redacted] and [redacted], and his mother, [redacted], formed at the front entrance of [redacted] and along Holland Avenue. Several allegations of physical force (Allegations E, F, G, H, and I), threat of arrest (Allegations J, K, and L), threat of force (Allegations M, N, and O), and discourtesy (Allegations P, Q, R, S, and T) against PO Murphy, PO Carr, Sgt. Justin Galizia, Sgt. Peter Guido, PO Brian Babiak, PO Luigi Peluso, and unidentified officers from the 121st Precinct were made by various members of [redacted]s family. Read report for details.


Details

Incident: October 3, 2014
Received: October 9, 2014
Closed: September 26, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
Outcome: Arrest - resisting arrest

Witness Officers: William Davitt, Derek Dehorta, Michael Dicecco, John Fabrizio, John Falzarano, Jonathan Glazer, Terence Hurson, Daniel Kearney, Andrew Lassen, Thomas Lawson, Jennifer Marrero, Thomas Perrotti, Robert Riviello, Richard Sheahan, Michael Ustick, Michael Venditti, Victor Villarreal
Video evidence collected