Complaint #201411460,
November 3, 2014

Officer: Dibenedetto, Mark
Complainant: Black Male, 56
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Kalman, Jonathan
Complainant: Black Male, 56
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Trabolse, Vincenzo
Complainant: Black Male, 56
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Trabolse, Vincenzo
Complainant: Black Male, 56
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Trabolse, Vincenzo
Complainant: Black Male, 56
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Trabolse, Vincenzo
Complainant: Black Male, 56
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Kalman, Jonathan
Complainant: Black Male, 56
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Kalman, Jonathan
Complainant: Black Male, 56
Allegation: Offensive Language: Race
CCRB Conclusion: Alleged Victim Uncooperative
Recategorized as: Offensive Language: Other
Officer Complainant Allegation CCRB Conclusion
Dibenedetto, Mark Black Male, 56 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Kalman, Jonathan Black Male, 56 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Trabolse, Vincenzo Black Male, 56 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Trabolse, Vincenzo Black Male, 56 Abuse of Authority: Search (of person) Exonerated
Unknown Officer Black Male, 55-59 Abuse of Authority: Search (of person) Officer(s) Unidentified
Unknown Officer Black Male, 55-59 Abuse of Authority: Property damaged Officer(s) Unidentified
Trabolse, Vincenzo Black Male, 56 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Trabolse, Vincenzo Black Male, 56 Abuse of Authority: Stop Exonerated
Kalman, Jonathan Black Male, 56 Discourtesy: Word Unsubstantiated
Kalman, Jonathan Black Male, 56 Offensive Language: Race Alleged Victim Uncooperative
Recategorized as Offensive Language: Other on December 9, 2024

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.
'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.


Penalties

Dibenedetto, Mark
Command Discipline - A

Trabolse, Vincenzo
Command Discipline - A

Kalman, Jonathan
Command Discipline - A

Summary

On November 3, 2014, at approximately 2:30 p.m., [redacted] stepped in front of an unmarked police vehicle being driven by PO Jonathan Kalman, who was with Sgt. Mark DiBenedetto, both of the 121st Precinct. When [redacted] refused to move and stopped traffic, PO Kalman allegedly stated, "Get out of the way, nigger (Allegation A)." When [redacted] subsequently refused to provide identification, the officers attempted to effect his arrest. [redacted] who was known to the officers, was at the scene of the incident, and tried to record it using his cell phone. While the officers tried to handcuff [redacted] intentionally kicked or threw PO Kalman's handcuffs into a sewer.
After [redacted] was removed from the scene, Sgt. DiBenedetto and PO Kalman went to [redacted] s residence, [redacted] in Staten Island, and found [redacted] inside his vehicle. PO Kalman then placed [redacted] under arrest for [redacted] (encl. X). After [redacted] was arrested, PO Kalman and PO Vincenzo Trabolse, also of the 121st Precinct, who had responded to [redacted] s arrest and was subsequently present for [redacted] s arrest, searched [redacted] s vehicle (Allegations B, C, and D). [redacted] was then transported to the 121st Precinct stationhouse. He alleged that during his transport, PO Trabolse told him, "Shut the fuck up, or you're going to need a new set of dentures" (Allegations E). He also alleged that at some point in the incident, either on the scene, or when he was in the holding cell at the stationhouse, PO Kalman told him, "Hey asshole-I hope you like your felony" (Allegation F). [redacted] also alleged that when his cell phone was returned to him upon his release, all of the content he had stored therein had been deleted (Allegations G and H).
On November 12, 2014, at 3:55 p.m., Sgt. DiBenedetto, PO Kalman and PO Trabolse conducted a car stop at the intersection of Ann Street and Heberton Avenue in Staten Island. [redacted] saw the officers while he was walking from where he worked, at a deli located at [redacted], to his... Read report for details.


Details

Incident: November 3, 2014
Received: November 12, 2014
Closed: September 4, 2015
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
Outcome: Arrest - other violation/crime