Complaint #201411366,
November 2, 2014

Officer: Smith, Thomas
Complainant: Black Female, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Thomas
Complainant: Black Female, 26
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Smith, Thomas
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Curto, Joseph
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Female, 25-29
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Smith, Thomas Black Female, 26 Discourtesy: Word Unsubstantiated
Smith, Thomas Black Female, 26 Force: Physical force Unfounded
Smith, Thomas Abuse of Authority: Premises entered and/or searched Exonerated
Curto, Joseph Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Black Female, 25-29 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.
'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.


Summary

On November 2, 2014, at 3:16 p.m., Lt. Thomas Smith and PO Joseph Curto responded to [redacted] in Staten Island after receiving a radio run regarding an assault in progress. Lt. Smith and PO Curto had responded to this location twice previously that day, first in regards to an assault, and later in regards to an emotionally disturbed person. Multiple 911 calls had originated from the location reporting that a male was beating his mother and daughter at the location (encl. X). Lt. Smith and PO Curto were permitted to enter the apartment (Allegations A and B). Immediately upon entering the apartment, Lt. Smith allegedly spoke rudely to [redacted] and [redacted] two of the occupants of the house. Lt. Smith allegedly made various discourteous remarks throughout the incident (Allegation C). The officers were informed that [redacted] sister and the victim of the assault, was on the second floor, and they went upstairs to speak with her. The officers began looking for [redacted] brother and the alleged perpetrator of the assault. Eventually [redacted] was considered to be in commission of obstruction of governmental administration. [redacted] resisted arrest, and alleged that Lt. Smith elbowed her in the stomach, slammed her down to the floor, and stepped on the right side of her face with his boot (Allegation D). While [redacted] was on the floor and officers struggled to handcuff her, an officer pepper sprayed her (Allegation E).
[redacted] provided a video she recorded on her cell phone during the incident, but it did not capture any of the allegations, only the incident's aftermath. Read report for details.


Details

Incident: November 2, 2014
Received: November 7, 2014
Closed: August 11, 2015

Reason for contact: Report-domestic dispute
Location: Apartment/house
Outcome: Arrest - other violation/crime

Witness Officers: John Falzarano, Michael Simone
Video evidence collected