Complaint #201606197,
July 11, 2016

Officer: Volante, Charles
Complainant: White Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rivera, Valerie
Complainant: White Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Volante, Charles
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Rivera, Valerie
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Volante, Charles
Complainant: White Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rivera, Valerie
Complainant: White Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Volante, Charles
Complainant: White Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: White Male, 30-34
Allegation: Force: Radio as club
CCRB Conclusion: Unfounded
Officer: Volante, Charles
Complainant: White Male, 33
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Valerie
Complainant: White Male, 33
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Volante, Charles White Male, 33 Force: Physical force Substantiated (Command Discipline A)
Rivera, Valerie White Male, 33 Force: Physical force Unfounded
Volante, Charles Abuse of Authority: Premises entered and/or searched Exonerated
Rivera, Valerie Abuse of Authority: Premises entered and/or searched Exonerated
Volante, Charles White Male, 33 Force: Physical force Exonerated
Rivera, Valerie White Male, 33 Force: Physical force Exonerated
Volante, Charles White Male, 33 Force: Physical force Unfounded
Unknown Officer White Male, 30-34 Force: Radio as club Unfounded
Volante, Charles White Male, 33 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rivera, Valerie White Male, 33 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Volante, Charles
No Disciplinary Action-DUP
No penalty

Summary

At approximately 4:45 a.m. on July 11, 2016, [redacted] struck his uncle, [redacted] at their residence, [redacted] in Queens; a two-story single-family house. [redacted] owned the home and [redacted] had stayed in the basement for the previous month. [redacted] called 911, but when officers responded, [redacted] was no longer at the home. A Criminal Complaint Report and a Domestic Incident Report were generated (Board Review 01). At 12:00 p.m. on July 11, 2016, Police Officers Valerie Shepherd and Charles Volante of the 100th Precinct met with [redacted] at the Transit District 23 stationhouse. He notified them that [redacted] was in the basement of his home. The officers drove [redacted] to [redacted] and he provided them with consent to enter.
At approximately 12:40 p.m., [redacted] heard what he believed to be the sounds of someone attempting to open his door. As he walked toward the door, it allegedly swung open and Police Officers Shepherd and Volante entered (Allegations A and B). Police Officer Volante allegedly punched [redacted] in the face shortly after entering the room, causing [redacted] to fall to the ground (Allegation C). The officers brought [redacted] out of the house and into the driveway, where Police Officer Volante threw him to the ground and both officers allegedly dragged [redacted] back and forth on the ground (Allegations D and E). Police Officer Shepherd allegedly repeatedly kicked [redacted] in the sides, both officers allegedly repeatedly punched [redacted] in the head, and one of them, [redacted] could not tell which, allegedly struck him in the back of the head with what he believed to be a radio (Allegations F, G, and H). During the struggle, [redacted] requested Police Officers Volante and Shepherds' names and they allegedly never provided them to him (Allegations I and J).
[redacted] was handcuffed and arrested. [redacted] was charged with [redacted] (Board Review 02). He was transported to [redacted] and ultimately to Rikers Island. Read report for details.


Details

Incident: July 11, 2016
Received: July 18, 2016
Closed: December 16, 2016

Reason for contact: Report-domestic dispute
Location: Apartment/house
In NYPD 100th Precinct Queens
Outcome: Arrest - resisting arrest

Witness Officers: Alexis Chavez, Tiersa Flood, Li Wang