Complaint #201502847,
April 8, 2015

Officer: Giacona, Johnpaul
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Osullivan, Michael
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Dongvort, Daniel
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rossi, Jordan
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Giacona, Johnpaul
Complainant: Black Male, 30
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Caster, Richard
Complainant: Black Male, 30
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Giacona, Johnpaul
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Giacona, Johnpaul
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Caster, Richard
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Giacona, Johnpaul
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Giacona, Johnpaul
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Board Conclusion
Giacona, Johnpaul Black Male, 30 Force: Physical force Exonerated
Osullivan, Michael Black Male, 30 Force: Physical force Exonerated
Dongvort, Daniel Black Male, 30 Force: Physical force Exonerated
Rossi, Jordan Black Male, 30 Force: Physical force Exonerated
Giacona, Johnpaul Black Male, 30 Abuse of Authority: Other Substantiated (Command Discipline A)
Caster, Richard Black Male, 30 Abuse of Authority: Other Substantiated (Formalized Training)
Giacona, Johnpaul Black Male, 30 Discourtesy: Word Substantiated (Command Discipline A)
Giacona, Johnpaul Black Male, 30 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline A)
Caster, Richard Black Male, 30 Force: Physical force Exonerated
CCRB Investigator Recommendation: Substantiated
Unknown Officer Black Male, 30-34 Force: Physical force Officer(s) Unidentified
Giacona, Johnpaul Female Discourtesy: Word Substantiated (Command Discipline A)
Giacona, Johnpaul Female Discourtesy: Word Substantiated (Command Discipline A)

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.

Further details on conclusions.


Penalties

Caster, Richard
Formalized Training

Giacona, Johnpaul
Command Discipline - A

Summary

On April 8, 2015, at approximately 4:34 a.m., officers from the 10th Precinct responded to a stabbing outside of 1 OAK nightclub at 453 West 17th Street in Manhattan. The responding officers cleared civilian pedestrians in the area and nearby venues to establish a crime scene. [redacted] was inside of 1 OAK nightclub when security informed the patrons that the venue was closed and needed to be emptied. [redacted] left through the nightclub's entrance on West 17th Street along with his teammate, [redacted] and two women who he did not know at the time, but were subsequently identified as [redacted] and [redacted]. Upon exiting, [redacted] noticed 30 to 40 civilians, seven or eight uniformed officers, marked police vehicles and ambulances. To the left of the door was yellow police tape. Officers were directing the crowd to move right, westbound towards the corner of West 17th Street and 10th Avenue. People moved in all directions. [redacted] and [redacted] took about 10 to 15 steps to the right. The women's cars were parked to the left, and because it was blocked off, they stopped to figure out where to go. [redacted] stepped away from the group to learn what incident had occurred that had led to the response of emergency personnel. After standing for about 30 seconds, PO JohnPaul Giacona approached the group alone. He loudly told them to "get the hell out" and to move. The group proceeded to walk towards the corner and PO Giacona continuously walked alongside them directing them to continue moving. He allegedly used profanity towards [redacted] and [redacted] making statements such as, "Move the fuck down the street," and, "Get the fuck off my block" (Allegations A, B and C). As he was walking, [redacted] told PO Giacona that he did not need to talk to them like that just because he had a badge and a gun. PO Giacona allegedly responded, "With or without a badge, I will fuck you up" (Allegation C continued and Allegation D). [redacted] called PO Giacona a midget. Once they all reached the corner, [redacted] and... Read report for details.


Details

Incident: April 8, 2015
Received: April 15, 2015
Closed: November 17, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Commercial building
In NYPD 10th Precinct Manhattan
Outcome: Arrest - OGA

Witness Officers: Sean Ahearn, Gregory Edgar, Vincent Fontana, Patrick Porteus
Video evidence collected