Complaint #201508695,
October 10, 2015

Officer: Unknown Officer
Complainant: Black, 30-34
Allegation: Force: Chokehold
CCRB Conclusion: Officer(s) Unidentified
Officer: Paganburgos, Melanie
Complainant: Black Male, 30
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Keane, John
Complainant: Black Male, 30
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Keane, John
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Kinsey, Kendo
Complainant: Black Male, 30
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Gallicchio, Alfred
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Isaias
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Paganburgos, Melanie
Complainant: Black Male, 30
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Kinsey, Kendo
Complainant: Black Male, 26
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Gallicchio, Alfred
Complainant: Black Male, 30
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Paganburgos, Melanie
Complainant: Black Male, 30
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Kinsey, Kendo
Complainant: Black Male, 30
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black, 30-34 Force: Chokehold Officer(s) Unidentified
Paganburgos, Melanie Black Male, 30 Abuse of Authority: Frisk Exonerated
Keane, John Black Male, 30 Abuse of Authority: Strip-searched Substantiated (Command Discipline A)
Keane, John Black Male, 30 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Kinsey, Kendo Black Male, 30 Abuse of Authority: Search (of person) Exonerated
Gallicchio, Alfred Black Male, 30 Discourtesy: Word Unsubstantiated
Martinez, Isaias Black Male, 30 Discourtesy: Word Unsubstantiated
Paganburgos, Melanie Black Male, 30 Abuse of Authority: Search (of person) Exonerated
Unknown Officer Black, 30-34 Discourtesy: Word Officer(s) Unidentified
Kinsey, Kendo Black Male, 26 Abuse of Authority: Frisk Exonerated
Gallicchio, Alfred Black Male, 30 Abuse of Authority: Strip-searched Substantiated (Command Discipline A)
Unknown Officer Black Male, 30-34 Abuse of Authority: Vehicle search Exonerated
Paganburgos, Melanie Black Male, 30 Abuse of Authority: Other Substantiated (Command Discipline A)
Kinsey, Kendo Black Male, 30 Abuse of Authority: Other Substantiated (Command Discipline A)

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.
'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

Gallicchio, Alfred
Command Discipline - A

Keane, John
Command Discipline - A

Kinsey, Kendo
Command Discipline - A

Paganburgos, Melanie
Command Discipline - A

Summary

On October 10, 2015 at 6:00 PM, [redacted] was parked partially in the bus stop on West 133rd Street and Lenox Avenue in the Bronx in a car owned by [redacted] Also in the vehicle were [redacted], [redacted] and [redacted] The driver's side window was slightly open and the car engine was off. [redacted] was rolling a tobacco cigarette in the front driver's seat. PO Melanie Pagan-Merritt and PO Kendo Kinsey of the 32nd Precinct pulled up beside [redacted] car in a marked RMP. PO Pagan-Merritt approached on the driver's side, asked [redacted] what he was rolling and informed him he was parked at a bus stop. PO Pagan-Merritt mentioned the smell of marijuana coming from the vehicle and asked if anyone was smoking marijuana in the vehicle, [redacted] showed PO Pagan-Merritt the bag of rolling tobacco and his rolling paper. PO Pagan-Merritt requested his identification, [redacted] and [redacted] argued with PO Pagan-Merritt that they were waiting for a friend and were going to move the car, and asked why they needed to provide ID.
[redacted] provided his identification to PO Pagan-Merritt. PO Kinsey requested [redacted] ID and he provided it. The back passengers, [redacted] and [redacted] were also asked for ID by PO Kinsey. PO Pagan-Merritt asked [redacted] and [redacted] to step out of the car and PO Kinsey asked [redacted] and [redacted] to step out (Allegations A and B). [redacted] refused to provide proper ID or step out of the vehicle. The other occupants complied. PO Pagan-Merritt frisked [redacted] and PO Kinsey frisked [redacted] and [redacted] (Allegations C and D) and they were all handcuffed. In the course of the frisks, PO Pagan-Merritt allegedly searched [redacted] and PO Kinsey allegedly searched [redacted] and [redacted] (Allegations E and F).
Additional units responded to the location including Sgt. John Keane, and Sgt. Alfred Gallicchio, also of the 32nd Precinct. [redacted] continued to refuse to provide ID or step out of the vehicle. Several unidentified officers attempted to remove [redacted]... Read report for details.


Details

Incident: October 10, 2015
Closed: May 6, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Matthew Brennan, Stephanie Owens, Ellen Usher
Video evidence collected