Complaint #201603006,
April 6, 2016

Officer: Demarco, Mark
Complainant: Black Male, 52
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer: Astuto, James
Complainant: Black Male, 52
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Board Conclusion
Demarco, Mark Black Male, 52 Abuse of Authority: Refusal to provide name/shield number Substantiated (Formalized Training)
CCRB Investigator Recommendation: Unsubstantiated
Astuto, James Black Male, 52 Abuse of Authority: Refusal to provide name/shield number Substantiated (Formalized Training)
CCRB Investigator Recommendation: Unsubstantiated

Conclusion Meanings:

'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

Astuto, James
Instructions

Demarco, Mark
Instructions

Summary

On April 6, 2016, at approximately 4:30 p.m., [redacted] noticed a marked police van on [redacted] in Brooklyn. The van was parked near the corner of [redacted] which is the same side of the street on which [redacted] s medical practice is located. [redacted] approached the van to speak to the officers therein, identified via the investigation as PO Mark DeMarco and PO James Astuto, both of the 67th Precinct. PO DeMarco and PO Astuto were assigned to a shooting suppression post. When [redacted] approached, PO Demarco was seated in the driver's seat, and PO Astuto in the passenger's seat. [redacted] complained to the officers that the police presence was causing him to lose patients. The officers informed [redacted] that they were there due to shootings that had occurred in the area. [redacted] reported that during his conversation with the officers, he requested the officers' names and shield numbers, at which point PO Astuto allegedly told him that the officers could not provide that information (Allegation A). PO Demarco allegedly did not respond to [redacted] s request (Allegation B). [redacted] then walked away from the officers. Read report for details.


Details

Incident: April 6, 2016
Received: April 7, 2016
Closed: August 2, 2016

Reason for contact: C/V requested info from officer
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued