Complaint #201507651, September 2015

Incident: September 9, 2015
Closed: October 5, 2015


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

Witness Officers: Daniel Alessandrino, Jerry Caicedo, Dennis Chan, Christophe Kalyviotis, Michael Soto, Kevin Woods
Officer: Frascatore, James
Complainant: Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Herzog, Daniel
Complainant: Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Herzog, Daniel
Complainant: Male, 35
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Herzog, Daniel
Complainant: White Male, 27
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Frascatore, James Male, 35 Force: Physical force Substantiated (Charges)
Herzog, Daniel Male, 35 Force: Physical force Substantiated (Command Discipline A)
Herzog, Daniel Male, 35 Abuse of Authority: Other Substantiated (Command Discipline A)
Herzog, Daniel White Male, 27 Force: Chokehold Unsubstantiated

Penalties

Herzog, Daniel
No Disciplinary Action-DUP
No penalty

Frascatore, James
Forfeit vacation 10 days
Forfeit vacation 5 days
Closed: Guilty after trial, February 2018
APU Guilty
Forfeit vacation 5 days


Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.