Complaint #201412352,
December 11, 2014

Summary

Around 10:50 p.m. on December 11, 2014, [redacted] was on the first floor of [redacted] checking water damage to the back door with a flashlight. [redacted]'s uncle and family friend own the building. [redacted] lives with his parents [redacted] on the second floor, and they use the vacant first-floor for storage. At this time, the 71st Precinct Anti-Crime Team consisting of Sgt. Abraham Badillo, PO Antoine Gilkes, and PO Paul Mallilo observed [redacted]'s flashlight moving in the dark, vacant apartment, and suspected a burglary in progress. While Sgt. Badillo and PO Gilkes went next door to speak with the neighbors, PO Mallilo made contact with [redacted] at the threshold of the door. PO Mallilo asked [redacted] if he lived on the first floor, and [redacted] said he did not. [redacted] attempted to close the front door on PO Mallilo, slamming the door on PO Mallilo's foot (Allegation A). After the neighbor stated that no one was supposed to be in that first-floor apartment, Sgt. Badillo ordered PO Mallilo to arrest [redacted] PO Mallilo allegedly punched [redacted] in the ribs during the struggle to apprehend him (Allegation B). During the arrest, [redacted] came down the stairs to inform the officers that [redacted] was his son and lived there; Sgt. Badillo told [redacted] that [redacted] could have avoided being arrested by saying he lived there, but he got belligerent and violent. [redacted] was subsequently charged with criminal trespass, OGA, and resisting arrest. As Sgt. Badillo made no attempt to verify if [redacted] indeed lived there and had permission and authority to be on the first floor, an allegation of improper arrest is pleaded (Allegation C). Read report for details.