Complaint #201506397,
August 1, 2015

Officer: Capo, Jesus
Complainant: Black Male, 15
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Capo, Jesus
Complainant: Black Male, 15
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Pennacchia, Johnpaul
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Capo, Jesus
Complainant: Black Male, 15
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Capo, Jesus
Complainant: Black Female, 38
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Capo, Jesus Black Male, 15 Abuse of Authority: Question Exonerated
Capo, Jesus Black Male, 15 Abuse of Authority: Frisk Substantiated (Formalized Training)
Pennacchia, Johnpaul Black Male, 30 Force: Physical force Exonerated
Capo, Jesus Black Male, 15 Abuse of Authority: Stop Substantiated (Formalized Training)
Capo, Jesus Black Female, 38 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated

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

Capo, Jesus
Formalized Training

Summary

On August 1, 2015, at approximately 9:50 p.m., [redacted] was sitting on a stoop in front of [redacted] in Manhattan with his cousins, [redacted] and [redacted] and their two friends, [redacted] and an individual known only as [redacted] Det. Jesus Capo and PO John Paul Pennacchia received a radio run for a group of individuals selling drugs and smoking marijuana at this location. When they arrived, everyone except for [redacted] left the stoop and walked across [redacted] Det. Capo allegedly told [redacted] to remain seated on the stoop and asked him if he lived in the building and if he had any weapons on him (Allegation A) and [redacted] offered no verbal response and leaned forward. Det. Capo then frisked [redacted] (Allegations B and C) with negative results. [redacted] walked back across [redacted] and approached PO Pennacchia, who pushed him back twice (Allegation D). [redacted] arrived at the scene and asked Det. Capo for his name and Det. Capo allegedly said "It's right here," and did not verbally provide his name to [redacted] (Allegation E).No one present at the scene was summonsed or arrested. Read report for details.


Details

Incident: August 1, 2015
Received: August 3, 2015
Closed: November 23, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 28th Precinct Manhattan
Outcome: No arrest made or summons issued

Video evidence collected