Complaint #201600381,
September 18, 2014

Officer: Maloney, Kevin
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Zoccolillo, Maria
Complainant: Hispanic Male, 37
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Maloney, Kevin
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Maloney, Kevin
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Maloney, Kevin
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Maloney, Kevin
Complainant: Black Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Carbone, Michael
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Maloney, Kevin
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Maloney, Kevin
Complainant: Hispanic Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Zoccolillo, Maria
Complainant: Hispanic Male, 37
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Vazquez, Marcos
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Agosta, Joseph
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Maloney, Kevin Hispanic Male, 37 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Zoccolillo, Maria Hispanic Male, 37 Force: Chokehold Unsubstantiated
Maloney, Kevin Hispanic Male, 37 Abuse of Authority: Stop Unsubstantiated
Maloney, Kevin Hispanic Male, 37 Abuse of Authority: Search (of person) Unsubstantiated
Maloney, Kevin Hispanic Male, 37 Abuse of Authority: Strip-searched Exonerated
Maloney, Kevin Black Male, 34 Discourtesy: Word Alleged Victim Uncooperative
Carbone, Michael Hispanic Male, 37 Abuse of Authority: Stop Unsubstantiated
Maloney, Kevin Hispanic Male, 37 Abuse of Authority: Frisk Unsubstantiated
Maloney, Kevin Hispanic Male, 37 Discourtesy: Word Unsubstantiated
Zoccolillo, Maria Hispanic Male, 37 Force: Other Unsubstantiated
Vazquez, Marcos Abuse of Authority: Premises entered and/or searched Exonerated
Agosta, Joseph Abuse of Authority: Premises entered and/or searched Exonerated

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.
'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.


Summary

On September 18, 2014, at approximately 8:15 p.m., at East 197th Street and Bainbridge Avenue in the Bronx, Lt. Maloney and PO Michael Carbone, of the 52nd Precinct, stopped [redacted] and his friend, [redacted] and effected [redacted] arrest (Allegations A and B). [redacted] was placed against a nearby wall while [redacted] arrest was effected. [redacted] complained about being placed against the wall, at which point Lt. Maloney allegedly told him, "I don't give a fuck. Get against the wall" (Allegation C). Once he was against the wall, Lt. Maloney allegedly frisked [redacted] and allegedly searched him by removing his wallet from his back pocket (Allegations D and E). [redacted] was then placed in the police vehicle, and [redacted] was released. Upon releasing [redacted] Lt. Maloney allegedly told him, "Get the fuck outta here and go home" (Allegation C). The investigation determined that [redacted] was in possession of a bag containing marijuana laced with PCP, and that he dropped this bag onto the ground upon seeing the officers' vehicle, even though [redacted] denied this account. The officers recovered the narcotics after [redacted] left the scene. They then checked the vicinity for [redacted] in order to effect his arrest. [redacted] alleged that while in the vehicle with Lt. Maloney and PO Carbone, Lt. Maloney allegedly repeatedly told him, "Shut the fuck up," and also, "Be quiet. Don't say shit" (Allegation F). [redacted] approached the officers because he wanted to retrieve some of his property that he left at the scene of [redacted] arrest, and upon encountering [redacted] again, the officers effected his arrest.
On January 4, 2016, at approximately 11:26 p.m., Lt. Maloney observed [redacted] make two distinct sales of crack cocaine to two different individuals at East 197th Street and Briggs Avenue in the Bronx. Lt. Maloney then picked up two officers assigned to Patrol Borough Bronx, PO Maria Imburgia and PO James Hannigan, who were working a foot post on East 194th Street. PO Imburgia and PO... Read report for details.


Details

Incident: September 18, 2014
Received: January 18, 2016
Closed: May 24, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Amy Capogna, James Hannigan, William Tergesen
Video evidence collected