Complaint #201505193,
June 12, 2015

Officer: Delmonico, Justin
Complainant: Black Female, 15
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Delmonico, Justin
Complainant: Black Female, 15
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Delmonico, Justin
Complainant: Black Female, 36
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Delmonico, Justin
Complainant: Black Female, 15
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Delmonico, Justin Black Female, 15 Abuse of Authority: Threat of arrest Exonerated
Delmonico, Justin Black Female, 15 Abuse of Authority: Threat of arrest Exonerated
Delmonico, Justin Black Female, 36 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Delmonico, Justin Black Female, 15 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline B)

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.
'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.


Penalty

Delmonico, Justin
No Disciplinary Action-DUP
No penalty

Summary

On June 12, 2015, at approximately 7:15 p.m., [redacted] called 911 because her [redacted] -old daughter, [redacted] was assaulted by [redacted] and an unknown girl outside of her apartment in [redacted] in Brooklyn, which is part of the Spring Creek Towers complex. PO Justin Delmonico, PO Daniel Gerardi, and PO Michael Vitale of the 75th Precinct responded, as well as a Lt [redacted] of Spring Creek Towers Public Safety, the apartment complex's private police force. PO Delmonico told [redacted] that he did not have to make an arrest, but that if he arrested [redacted] he would have to arrest [redacted] as well (Allegation A). [redacted] chose for [redacted] not to be arrested but asked for PO Delmonico's name and shield number. PO Delmonico allegedly did not provide his name or shield number to [redacted] (Allegation B). PO Delmonico arrested [redacted] (board review 1). He detained [redacted] and prepared a juvenile report for her (Allegation C) (board review 2). At the 75th Precinct Stationhouse, PO Delmonico informed [redacted] that if she had a criminal history or any warrants, [redacted] would be arrested and sent to Spofford Detention Center (Allegation D). [redacted] read PO Delmonico's name from his shield and from paperwork he was filling out at the 75th Precinct Stationhouse. Read report for details.


Details

Incident: June 12, 2015
Received: June 24, 2015
Closed: December 21, 2015

Reason for contact: Report-dispute
Location: Residential building
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Daniel Gerardi, Michael Vitale