Complaint #201411475,
November 7, 2014

Officer: Fraioli, David
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mccloud, Malik
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Officer(s) Unidentified
Officer: Fraioli, David
Complainant: Hispanic Female, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Fraioli, David
Complainant: Hispanic Female, 37
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Fraioli, David
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Fraioli, David
Complainant: Hispanic Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Fraioli, David
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Fraioli, David
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Mccloud, Malik
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Fraioli, David Hispanic Male, 17 Force: Physical force Exonerated
Mccloud, Malik Hispanic Male, 17 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 15-17 Force: Hit against inanimate object Officer(s) Unidentified
Fraioli, David Hispanic Female, 37 Discourtesy: Word Unsubstantiated
Fraioli, David Hispanic Female, 37 Force: Physical force Unsubstantiated
Fraioli, David Hispanic Male, 17 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Fraioli, David Hispanic Male, 17 Discourtesy: Word Unsubstantiated
Fraioli, David Hispanic Male, 17 Abuse of Authority: Stop Unsubstantiated
Fraioli, David Hispanic Male, 17 Abuse of Authority: Stop Exonerated
Mccloud, Malik Hispanic Male, 17 Abuse of Authority: Stop 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 7, 2014, at approximately 8:00 p.m., while [redacted] exited 673 East 140th Street in the Bronx with [redacted] PO Fraioli approached [redacted] told him that he had an open warrant, and allegedly said, "I will slap the shit out of you" (Allegations A, B and C).
On November 8, 2014 at approximately 11:00 p.m., [redacted] was gambling with an unidentified male in front of 673 East 140th Street in the Bronx where his [redacted] resides. PO David Fraioli and PO Malik Mccloud, both of Patrol Borough Bronx, approached [redacted] while he was in the courtyard and yelled "Stay right there!" (Allegations D and E). [redacted] ran into the building at this location. The officers followed [redacted] and caught up to him on the second floor. PO Mccloud punched [redacted] in the ribs an undetermined amount of times and punched him in the jaw once, which caused swelling. Simultaneously, PO Fraioli punched him in the ribs. While PO Mccloud was attempting to place [redacted] on the ground, [redacted] bit him. PO Mccloud then punched [redacted] in the jaw while PO Fraioli held his arms in order to handcuff them. Eventually, [redacted] was placed on the floor before an officer placed a knee on his back (Allegations F and G).
[redacted]'s mother [redacted] yelled at the officers that she was his mother and attempted to show the officers identification. PO Fraioli allegedly told her to stand back and stated that if she did not, they would arrest her. PO Fraioli then allegedly pushed [redacted] away, by her left arm (Allegation H). PO Fraioli also allegedly said statements such as "get the fuck out of here" and "mind your fucking business (Allegation I).
[redacted] was then escorted into a police vehicle and was brought to the 40th Precinct stationhouse. While at the precinct, an officer took him into the bathroom and then allegedly pushed [redacted] in the back and then threw him against the wall, onto the floor, and into the sink (Allegation J). Read report for details.


Details

Incident: November 7, 2014
Received: November 12, 2014
Closed: August 11, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 40th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Ernesto Bautista
Video evidence collected