Complaint #201602733,
March 26, 2016

Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer: Abbasciano, Kristy
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Hansen, Christopher
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Carbone, Michael
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Spinola, Vincenzo
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Walsh, Joseph
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Walsh, Joseph
Complainant: Male
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Walsh, Joseph
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smyth, John
Complainant: Hispanic Male, 38
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Smyth, John
Complainant: Hispanic Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Walsh, Joseph
Complainant: Hispanic Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Smyth, John
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Smyth, John
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Walsh, Joseph
Complainant: Hispanic Male, 38
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Walsh, Joseph
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Spinola, Vincenzo
Complainant: Hispanic Male, 38
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Hispanic Male, 35-39 Abuse of Authority: Vehicle search Officer(s) Unidentified
Abbasciano, Kristy Hispanic Male, 38 Abuse of Authority: Refusal to process civilian complaint Substantiated (Formalized Training)
Hansen, Christopher Hispanic Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Carbone, Michael Hispanic Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Spinola, Vincenzo Hispanic Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Walsh, Joseph Hispanic Male, 38 Abuse of Authority: Vehicle stop Unsubstantiated
Walsh, Joseph Male Force: Physical force Unsubstantiated
Walsh, Joseph Male Discourtesy: Word Unsubstantiated
Smyth, John Hispanic Male, 38 Discourtesy: Action Unsubstantiated
Smyth, John Hispanic Male, 38 Force: Physical force Unsubstantiated
Walsh, Joseph Hispanic Male, 38 Force: Physical force Unsubstantiated
Smyth, John Hispanic Male, 38 Abuse of Authority: Frisk Unsubstantiated
Smyth, John Hispanic Male, 38 Abuse of Authority: Search (of person) Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Walsh, Joseph Hispanic Male, 38 Discourtesy: Word Unsubstantiated
Walsh, Joseph Hispanic Male, 38 Abuse of Authority: Vehicle search Unsubstantiated
Spinola, Vincenzo Hispanic Male, 38 Abuse of Authority: Vehicle search Unsubstantiated

Conclusion Meanings:

'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.


Penalty

Abbasciano, Kristy
Command Discipline - A

Summary

On March 26, 2016, at approximately 3:00 a.m., [redacted] his cousin, [redacted] and his brother, [redacted] were all sitting inside [redacted]'s vehicle stopped at a stop light on East 204th Street and Valentine Avenue, in the Bronx, when [redacted] noticed police lights behind their vehicle. Sgt. Vincenzo Spinola, PO Michael Carbone, PO Christopher Hansen, and PO Joseph Walsh in an unmarked vehicle subsequently stopped [redacted] vehicle (Allegations A, B, C, and D). PO John Smyth and PO Eric Salisbury arrived on the scene after [redacted]'s vehicle was stopped. PO Walsh approached the front passenger seat of the vehicle where [redacted] was sitting, and allegedly pushed his chest into the car seat and used various profanities when speak with [redacted] (Allegation E and F). PO Walsh subsequently pulled [redacted] out of the vehicle by his jacket (subsumed within Allegation E). [redacted] alleged that after he exited the vehicle PO Smyth removed the phone from his hand and threw it to the ground (Allegation G). PO Smyth and PO Walsh subsequently grabbed [redacted]'s arms, spun him around, and threw him to the ground (Allegation H and I). PO Smyth frisked and searched [redacted] while he was on the ground (Allegation J and K). [redacted] complained that his leg was bleeding and PO Walsh responded by using the word "fuck" several times (Allegation L). Sgt. Spinola, PO Walsh, and an unidentified officer subsequently searched [redacted]'s vehicle (Allegation M, N, and O). The officers returned to their vehicle and none of the civilians were arrested or issued any summonses during this incident.
After the incident, [redacted] went to the 52nd Precinct stationhouse in attempt to file a complaint and was informed by PO Kristy Abbasciano that they did not do that and directed him towards a poster (Allegation P).
[redacted] provided two video recordings which were irrelevant to this investigation; one recording captured the officers' vehicle driving off and the other recording did not depict the incidents. Read report for details.


Details

Incident: March 26, 2016
Received: March 31, 2016
Closed: October 25, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Thomas Demkiw, Eric Salisbury
Video evidence collected