Complaint #201600455,
August 20, 2015

Officer: Agostino, Vincent
Complainant: Black Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Agostino, Vincent
Complainant: Black Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Agostino, Vincent
Complainant: Black Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Farella, Paul
Complainant: Black Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Reich, Mathew
Complainant: Male
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Agostino, Vincent
Complainant: Black Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Reich, Mathew
Complainant: Black Male, 36
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Reich, Mathew
Complainant: Black Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Agostino, Vincent Black Male, 36 Abuse of Authority: Search (of person) Exonerated
Agostino, Vincent Black Male, 36 Abuse of Authority: Frisk Exonerated
Agostino, Vincent Black Male, 36 Abuse of Authority: Vehicle search Exonerated
Farella, Paul Black Male, 36 Abuse of Authority: Vehicle stop Substantiated (Command Discipline A)
Reich, Mathew Male Abuse of Authority: Frisk Exonerated
Agostino, Vincent Black Male, 36 Abuse of Authority: Vehicle stop Substantiated (Command Discipline A)
Reich, Mathew Black Male, 36 Abuse of Authority: Vehicle stop Substantiated (Command Discipline B)
Reich, Mathew Black Male, 36 Abuse of Authority: Vehicle search 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Farella, Paul
Formalized Training

Reich, Mathew
Formalized Training

Agostino, Vincent
Formalized Training

Summary

On August 20, 2015, at approximately 2:30 p.m., [redacted] was a passenger in a car being driven by [redacted]. They parked in a Chase bank parking lot on Forest Avenue and Marianne Street in Staten Island when [redacted] noticed an unmarked black Toyota Camry in the parking lot. [redacted] exited the car to withdraw money from the Chase ATM's and was gone for five minutes before he got back into the car, exited the parking lot and drove for a couple of seconds before being stopped by that same vehicle (Allegations A, B and C). [redacted] was asked to step out of the vehicle by PO Vincent Agostino of Narcotics Borough Staten Island, who frisked him (Allegation D) and searched his pants pockets, as well as removed his shoes and hat (Allegation E). [redacted] observed Det. Matthew Reich, also with Narcotics Borough Staten Island, frisk [redacted] at the back end of the vehicle simultaneously (Allegation F). Shortly after, a prisoner van arrived with Det. Steven Sposito and Det. Clyde Moyer, both of Narcotics Borough Staten Island. At that point, PO Agostino and Det. Reich searched the vehicle and recovered a marijuana cigarette containing Phencyclidine (Allegations G and H). The search lasted approximately 15 minutes and [redacted] and [redacted] were then placed in handcuffs and taken to the 121st Precinct. [redacted] was not summonsed as a result of this incident. Read report for details.


Details

Incident: August 20, 2015
Received: January 20, 2016
Closed: May 6, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
Outcome: Arrest - other violation/crime

Witness Officers: Clyde Moyer, Steven Sposito