Complaint #201508966,
October 20, 2015

Officer: Chierico, Paul
Complainant: Asian Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Levy, Matthew
Complainant: Asian Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Levy, Matthew
Complainant: Asian Male, 22
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Levy, Matthew
Complainant: Asian Male, 22
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Chierico, Paul
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Reilly, James
Complainant: Asian Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Reilly, James
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gallagher, Shawn
Complainant: Black Male, 18
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Levy, Matthew
Complainant: Black Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Chierico, Paul
Complainant: Black Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Other
CCRB Conclusion: Alleged Victim Unavailable
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Alleged Victim Unavailable
Officer: Chierico, Paul
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Reilly, James
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Discourtesy: Action
CCRB Conclusion: Alleged Victim Unavailable
Officer: Chierico, Paul
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Reilly, James
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Chierico, Paul Asian Male, 22 Abuse of Authority: Stop Substantiated (Command Discipline B)
Levy, Matthew Asian Male, 22 Abuse of Authority: Stop Substantiated (Command Discipline A)
Levy, Matthew Asian Male, 22 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Levy, Matthew Asian Male, 22 Abuse of Authority: Search (of person) Unsubstantiated
Chierico, Paul Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)
Reilly, James Asian Male, 22 Discourtesy: Word Unsubstantiated
Reilly, James Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)
Gallagher, Shawn Black Male, 18 Abuse of Authority: Search (of person) Unsubstantiated
Levy, Matthew Black Male, 18 Abuse of Authority: Stop Substantiated (Command Discipline A)
Chierico, Paul Black Male, 18 Abuse of Authority: Stop Substantiated (Command Discipline B)
Unknown Officer Black Male, 18-20 Abuse of Authority: Other Alleged Victim Unavailable
Unknown Officer Black Male, 18-20 Abuse of Authority: Threat of arrest Alleged Victim Unavailable
Chierico, Paul Abuse of Authority: Frisk Substantiated (Command Discipline B)
Reilly, James Abuse of Authority: Premises entered and/or searched Unsubstantiated
Unknown Officer Black Male, 18-20 Discourtesy: Action Alleged Victim Unavailable
Chierico, Paul Abuse of Authority: Premises entered and/or searched Unsubstantiated
Reilly, James Abuse of Authority: Premises entered and/or searched Unsubstantiated

Conclusion Meanings:

'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

Chierico, Paul
Command Discipline - A

Reilly, James
Command Discipline - A

Levy, Matthew
Formalized Training

Summary

On October 20, 2015, at 11:15 a.m., [redacted] Jr. was outside his home at [redacted] in Queens waiting for his friend [redacted] to pick him up. As [redacted] Jr. stood in the gated area of his driveway, he observed two plainclothes officers – PO Paul Chierico and PO Matthew Levy of the 105th Precinct approach him in an unmarked vehicle. PO Chierico and PO Levy exited their vehicle and PO Levy told [redacted] Jr. to exit the gated area. [redacted] Jr. asked him why, and if the officers had a warrant. Again, PO Levy told [redacted] Jr. to get out of the gated area. This time, [redacted] Jr. exited his front gate (Allegations A and B). According to the officers, [redacted] was with [redacted] Jr. at the time he was stopped (Allegations C and D). PO Levy frisked [redacted] Jr. and then went into his front pockets (Allegations E and G). Meanwhile, PO Chierico frisked an individual (Allegation F). Then, [redacted] Jr. saw that PO Chierico was in the gated area of the front yard looking around (Allegation H). PO Chierico also searched the adjoining garage to the property (Allegation I).
PO Levy told [redacted] Jr. to stay as more uniformed and plainclothes officers arrived and the plainclothes officers entered the gated area of the yard to search the RV, the garage, and his backyard (Allegations J, K, and L). When [redacted] Jr. asked the officers if they had a warrant, Sgt. James Reilly said to him, "Oh, I'm gonna get a fucking warrant!" (Allegation M). An officer told [redacted] to stop recording with his cell phone, and threatened to arrest him if he did not delete it (Allegations N and O). Then, PO Shawn Gallagher searched Mr. [redacted] (Allegation P). An officer removed Mr. [redacted]'s Metro Card from his wallet and threw it on the ground (Allegation Q). PO Gallagher issued Mr. [redacted] a summons for marijuana and another for littering. PO Levy, PO Chierico, Sgt. Reilly, PO Paul Kearon, and PO Brian Sheil are cited for other misconduct (Allegations R, S, T, U, V, W, X, and Y). Read report for details.


Details

Incident: October 20, 2015
Received: October 21, 2015
Closed: May 6, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Apartment/house
In NYPD 105th Precinct Queens
Outcome: Summons - other violation/crime

Witness Officers: Paul Kearon, Joseph Manzella, Brian Sheil