Complaint #201411652,
October 31, 2014

Officer: Zappia, Matthew
Complainant: Black Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Foss, Joseph
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Officer: Zappia, Matthew
Complainant: Black Male, 24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Zappia, Matthew
Complainant: Black Male, 24
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer Complainant Allegation CCRB Conclusion
Zappia, Matthew Black Male, 24 Discourtesy: Word Unsubstantiated
Foss, Joseph Abuse of Authority: Gun Drawn Exonerated
Zappia, Matthew Black Male, 24 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Zappia, Matthew Black Male, 24 Offensive Language: Sexual orientation Unsubstantiated
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.
'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 October 31, 2014, at approximately 10:15 p.m., [redacted] jaywalked across the intersection of Beach 37th Street and Beach Channel Drive in Queens with his hands in his pockets. PO Matthew Zappia and PO Joseph Foss pulled up beside [redacted] in their vehicle and exited. The officers asked [redacted] to stop and remove his hands from his pockets multiple times, but he refused. PO Foss drew his firearm, but did not point it at [redacted] (Allegation A). The officers then put [redacted] up against a fence and frisked and searched him. PO Zappia allegedly told [redacted] that he was going to throw him on the ground and called him a, "piece of shit," and a, "faggot," (Allegations B, C, and D). [redacted] was taken into custody and removed to the 101st Precinct stationhouse. He was ultimately released with a [redacted] summons (encl. 13A). Read report for details.


Details

Incident: October 31, 2014
Received: November 17, 2014
Closed: February 26, 2015
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: Summons - disorderly conduct