Complaint #201507511,
September 3, 2015

Officer: Dambrogio, Michael
Complainant: White Male, 23
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Monaco, Nicole
Complainant: White Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: White Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Venetek, Patrick
Complainant: White Male, 23
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Monaco, Nicole
Complainant: White Male, 23
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Burgos, Dennis
Complainant: White Male, 23
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Dambrogio, Michael
Complainant: White Male, 23
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Dambrogio, Michael White Male, 23 Abuse of Authority: Search (of person) Unsubstantiated
Monaco, Nicole White Male, 23 Force: Physical force Substantiated (Formalized Training)
Unknown Officer White Male, 21-24 Force: Physical force Officer(s) Unidentified
Venetek, Patrick White Male, 23 Abuse of Authority: Other Substantiated (Formalized Training)
Monaco, Nicole White Male, 23 Abuse of Authority: Other Substantiated (Formalized Training)
Burgos, Dennis White Male, 23 Abuse of Authority: Other Substantiated (Formalized Training)
Dambrogio, Michael White Male, 23 Abuse of Authority: Other Substantiated (Formalized Training)

Conclusion Meanings:

'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.
'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

Dambrogio, Michael
Formalized Training

Venetek, Patrick
No Disciplinary Action-DUP
No penalty

Burgos, Dennis
Formalized Training

Monaco, Nicole
No Disciplinary Action-DUP
No penalty

Summary

On September 3rd, 2015, at approximately 2:20AM, [redacted] who is homeless, was sleeping on the sidewalk immediately outside the pedestrian plaza of the Trump Soho New York hotel at 246 Spring Street in Manhattan (Board Review 01). The pedestrian plaza is a privately-owned public space (POP) that is made available to the public at all times. [redacted] slept along the edge of the sidewalk outside the plaza on Dominick Street, whereas a few other homeless people slept on benches inside the plaza.
Sgt. Michael D'Ambrogio and PO Dennis Burgos arrived in the plaza and asked everyone lying down on the benches to disperse. Officers of the 1st Precinct regularly go to the plaza to clear the area of homeless people. [redacted] explained to the officers that, by being on the sidewalk, he was not committing any violations, and refused to leave. He told the officers that if they wished to arrest him, they could. PO Burgos, under supervision by Sgt. D'Ambrogio, arrested [redacted] for Disorderly Conduct, for failing to obey a lawful order to disperse (Allegations A and B) (Board Review 02).
After [redacted] was handcuffed, Sgt. D'Ambrogio removed his phone. Sgt. D'Ambrogio allegedly searched through [redacted]s phone before placing it in his pocket (Allegation C). [redacted] was then taken to the 1st Precinct stationhouse and then arraigned.
The next day, on September 4th, 2015, around 8:30AM, [redacted] had returned to the sidewalk outside the Trump hotel's pedestrian plaza and lay down in a cardboard box. PO Nicole Monaco and PO Patrick Venetek entered the plaza to ask the homeless people to disperse. [redacted] told the officers, as he did the previous day, that he had a right to stay outside the plaza. The officers continued to insist that he leave, and [redacted] asked them to arrest him if he was in violation of any rules.
However, PO Monaco and PO Venetek forcibly handcuffed [redacted] and requested an ambulance under the premise that he was emotionally disturbed (Allegations D and E). In the midst of the... Read report for details.


Details

Incident: September 3, 2015
Received: September 4, 2015
Closed: January 14, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Public space/building
In NYPD 1st Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Frank Buccheri, Mark Iocco
Video evidence collected