Complaint #201605363,
June 7, 2016

Officer: Unknown Officer
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Alleged Victim Unavailable
Officer: Stanton, Margaret
Complainant: Black Male, 14
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Licata, Joseph
Complainant: Black Male, 14
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Stanton, Margaret
Complainant: Black Male, 14
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Licata, Joseph
Complainant: Black Male, 14
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Stop Alleged Victim Unavailable
Stanton, Margaret Black Male, 14 Abuse of Authority: Search (of person) Exonerated
Licata, Joseph Black Male, 14 Abuse of Authority: Stop Substantiated (Command Discipline A)
Stanton, Margaret Black Male, 14 Abuse of Authority: Question Exonerated
Licata, Joseph Black Male, 14 Abuse of Authority: Frisk Substantiated (Command Discipline A)

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.


Penalty

Licata, Joseph
Formalized Training

Summary

On June 7, 2016, at approximately 9:41 p.m., [redacted] was attending a basketball game at Colonel Charles Young Playground, which runs from West 143rd Street to West 145th Street between Lenox Avenue and Harlem River Drive in the park, when shots were fired. [redacted] fled at the sound of the shots southbound on the west side of Lenox Avenue away from the park. As [redacted] reached the northwest corner of West 143rd Street and Lenox Avenue, a police officer, identified by the investigation as PO Joseph Licata, asked him, "Why are you running?" PO Licata tripped [redacted] began to stumble, at which point a second officer, identified by the investigation as PO Steven Baio, gripped [redacted] by the straps of his backpack and brought him fully onto the ground (Allegation A). [redacted] landed on his outstretched hands, causing a fracture to the bone on the outside edge of his right hand, a bruise to his left knee, and a bruise to his right hip.
PO Bauert and PO Wintermute then responded to the scene. PO Licata handcuffed [redacted] and frisked his waistband (Allegation B). A crowd began to gather on scene, and [redacted] was placed into PO Bauert's police vehicle while still wearing his backpack. PO Bauert then requested [redacted] permission to search his backpack and did so (Allegation C and D). When the search yielded negative results for contraband, [redacted] was released without summons or arrest.
Another individual, identified by the investigation as [redacted] was also stopped by unidentified officers (Allegation E). Read report for details.


Details

Incident: June 7, 2016
Received: June 21, 2016
Closed: November 2, 2016

Reason for contact: Report-gun possession/shots fired
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Steven Baio, Christopher Wintermute
Video evidence collected