Complaint #201504430,
May 29, 2015

Officer: Cacciatore, Andrew
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer: Thomas, Joby
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer: Gagliardi, Daniel
Complainant: Black Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Cacciatore, Andrew Black Male, 29 Force: Physical force Substantiated (Formalized Training)
CCRB Investigator Recommendation: Exonerated
Thomas, Joby Black Male, 29 Force: Physical force Substantiated (Formalized Training)
CCRB Investigator Recommendation: Exonerated
Gagliardi, Daniel Black Male, 29 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'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

Cacciatore, Andrew
No Disciplinary Action-DUP
No penalty

Thomas, Joby
No Disciplinary Action-DUP
No penalty

Summary

On May 29, 2015, at 8:30 p.m., [redacted] was walking north on St. Nicholas Avenue towards the intersection of 147th Street in Manhattan and listening to music that was playing out of a speaker strapped to his shoulder bag. At this time, PO Andrew Cacciatore and PO Joby Thomas of the 30th Precinct stationhouse pulled up alongside [redacted] in a marked RMP and told him that his music was too loud. [redacted] objected and stated that his music was not too loud. The officers exited their vehicle and asked [redacted] for identification, which he refused to provide.
PO Thomas allegedly grabbed [redacted] by his hair and pulled him towards the ground (Allegation A). PO Cacciatore grabbed ahold of [redacted] and pulled him down towards the ground, causing him to fall on his camera and resulting in lacerations to his right hand, arm and shoulder (Allegation B). [redacted] was taken to the 30th Precinct stationhouse where he demanded that he be brought to [redacted]. Sgt. Gagliardi allegedly replied by saying, "Get the fuck out of here," to [redacted] (Allegation C). [redacted] was charged with [redacted]. [redacted] was issued a summons for [redacted] (encl. Board Review 01-03). Read report for details.


Details

Incident: May 29, 2015
Received: May 31, 2015
Closed: November 4, 2015

Reason for contact: Report-noise/disturbance
Location: Street/highway
In NYPD 30th Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Patrick Harrington
Video evidence collected