Complaint #201601825,
November 15, 2015

Officer: Fabrizi, Nicole
Complainant: Black Female, 36
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Dominguez, Starlin
Complainant: Black Female, 36
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Dominguez, Starlin
Complainant: Black Female, 36
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Fabrizi, Nicole
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Fabrizi, Nicole Black Female, 36 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Dominguez, Starlin Black Female, 36 Offensive Language: Race Substantiated (Command Lvl Instructions)
Dominguez, Starlin Black Female, 36 Force: Gun Pointed Exonerated
Fabrizi, Nicole 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.
'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.


Penalty

Dominguez, Starlin
Command Level Instructions

Summary

On November 15, 2015, at approximately 8:46 a.m., [redacted] was inside her apartment at [redacted] in the Bronx. [redacted] had a dispute with the cleaning woman in her building, [redacted] who called 911 and reported [redacted] as an EDP. PO Heriberto Sifonte, PO Jose Rivera, Sgt. David Pabon, and PO Dianna Lopez of the 48th Precinct arrived on the scene, spoke to [redacted] and knocked on [redacted]'s door. After having a conversation with [redacted] and getting no response from [redacted] Sgt. Pabon determined that [redacted] was not an EDP and the officers left the scene. After the officers left, EMTs arrived on the scene and spoke to [redacted]'s neighbors. Based on these conversations, the EMTs determined that [redacted] was an EDP and requested that officers return to the scene. Sgt. Pabon and PO Lopez went back to the scene where Sgt. Pabon spoke to an EMT supervisor. Sgt. Pabon then called his supervisor, Lieutenant Nicole Fabrizi, who responded to the scene with her operator PO Starlin Dominguez. The building superintendent, [redacted] was present in the hallway at times during the incident. After arriving on the scene, PO Dominguez knocked on [redacted]'s door and called out the names, "Nina" and "Maria." A recording created by [redacted] captured PO Dominguez asking whether [redacted] was Hispanic and, after receiving an unheard response, knocking again and calling out, "Tanisha!" (Allegation A). [redacted] did not respond to the knocking and so, with Lieutenant Fabrizi's approval, PO Dominguez and Sgt. Pabon entered [redacted]'s apartment via a back window (Allegation B). On entering [redacted]'s apartment, PO Dominguez drew his gun and entered her living room with his gun pointed in [redacted]'s direction (Allegation C). PO Dominguez then holstered his gun and let the officers and EMTs into [redacted]'s apartment via the front door. [redacted] told Lieutenant Fabrizi that she wanted to file a complaint about the officers entering her apartment, but Lieutenant Fabrizi allegedly refused to let her... Read report for details.


Details

Incident: November 15, 2015
Received: March 7, 2016
Closed: September 20, 2016

Reason for contact: EDP aided case
Location: Apartment/house
In NYPD 48th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Dianna Lopez, David Pabon, Jose Rivera, Heriberto Sifonte
Video evidence collected