Complaint #201506489,
July 27, 2015

Officer: Calafiore, Frank
Complainant: Male, 36
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Neville, William
Complainant: Male, 36
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Calafiore, Frank
Complainant: Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Calafiore, Frank
Complainant: Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Calafiore, Frank Male, 36 Abuse of Authority: Stop Substantiated (Command Discipline A)
Neville, William Male, 36 Abuse of Authority: Stop Substantiated (Command Discipline A)
Calafiore, Frank Male, 36 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Calafiore, Frank Male, 36 Abuse of Authority: Frisk Exonerated
CCRB Investigator Recommendation: Substantiated

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.

Further details on conclusions.


Penalties

Calafiore, Frank
No Disciplinary Action-DUP
Formalized Training

Neville, William
No Disciplinary Action-DUP
No penalty

Summary

This case has exceeded the 90-day benchmark as there were several delays in obtaining the 911 Communications CD which was relevant for the analysis of this case.
On July 27, 2015, at approximately 11:00 p.m., [redacted] went to the MTA Subway station at Howard Beach in Queens, after leaving the AirTrain. He was about to speak with an employee, from either the MTA or the airport, when he was stopped by PO William Neville and PO Frank Calafiore from Queens South Grand Larceny Auto Division (Allegations A and B). The officers told [redacted] that he was the suspect in a robbery which he denied having any knowledge of. PO Neville subsequently placed [redacted] in handcuffs. The officers then escorted [redacted] outside of the train station where he was frisked and searched by PO Calafiore (Allegations C and D) prior to a show up. [redacted] was not identified as the suspect in the robbery and was then released without a summons or arrest. Read report for details.


Details

Incident: July 27, 2015
Received: August 5, 2015
Closed: January 12, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Subway station/train
In NYPD 106th Precinct Queens
Outcome: No arrest made or summons issued