Complaint #201608679,
October 10, 2016

Officer: Buglione, Charles
Complainant: Hispanic Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Morales, Mike
Complainant: Hispanic Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Buglione, Charles
Complainant: Black Male, 34
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Morales, Mike
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Morales, Mike
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Zinstein, Elliot
Complainant: Hispanic Male, 31
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Morales, Mike
Complainant: Hispanic Male, 31
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Buglione, Charles
Complainant: Hispanic Male, 31
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Buglione, Charles
Complainant: Hispanic Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Buglione, Charles Hispanic Male, 31 Force: Physical force Unsubstantiated
Morales, Mike Hispanic Male, 31 Force: Physical force Unsubstantiated
Buglione, Charles Black Male, 34 Force: Chokehold Unsubstantiated
Morales, Mike Hispanic Male, 31 Abuse of Authority: Stop Exonerated
Morales, Mike Hispanic Male, 31 Abuse of Authority: Search (of person) Exonerated
Zinstein, Elliot Hispanic Male, 31 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Unknown Officer Black Male, 30-34 Discourtesy: Word Officer(s) Unidentified
Morales, Mike Hispanic Male, 31 Force: Hit against inanimate object Unsubstantiated
Buglione, Charles Hispanic Male, 31 Force: Hit against inanimate object Unsubstantiated
Buglione, Charles Hispanic Male, 31 Force: Physical force 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

At approximately 5:26 p.m. on October 10, 2016, [redacted] were stopped by PO Mike Morales and PO Charles Buglione of the 42nd Precinct near the intersection of East 167th Street and Fox Street in the Bronx (Allegation A). PO Morales then searched [redacted] by reaching into his pocket (Allegation B). PO Morales recovered a large plastic bag containing more than a hundred smaller bags which contained heroin. Both [redacted] and [redacted] were placed under arrest for [redacted]. While [redacted] was arrested without incident, PO Buglione wrapped his arm around [redacted] neck to place him in a chokehold (Allegation C) before he was handcuffed.
[redacted] and [redacted] were both transported to the 42nd Precinct stationhouse in separate vehicles. [redacted] traveled with PO Morales and PO Buglione. When they arrived at the stationhouse, PO Morales punched [redacted] in the face while he was still seated in the rear of their vehicle. PO Morales then pulled [redacted] out of the vehicle, causing him to fall to the ground. PO Morales then punched [redacted] several more times on the back (Allegation D). PO Buglione also pinned [redacted]'s leg to the ground by stepping on the back of his knee (Allegation E). The two officers lifted [redacted] up by his arms and legs and carried him into the stationhouse. On the way inside, the officers deliberately rammed [redacted]'s head against a door (Allegations F and G).
[redacted] was moved into the holding cell area. [redacted] had already been lodged in the holding cell, along with three other prisoners: [redacted] and [redacted]. Either PO Morales or PO Buglione told these prisoners, "Everybody fucking turn around" (Allegation H). [redacted] started arguing with the officers about whether his handcuffs would be removed. Sgt. Elliot Zinstein, the 42nd Precinct desk officer, entered the holding cell area, pointed a taser at [redacted] and told him to "relax" (Allegation I). PO Buglione additionally alleged that [redacted] tried to strike him during this time. PO Buglione... Read report for details.


Details

Incident: October 10, 2016
Received: October 14, 2016
Closed: February 22, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 41st Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Omar Tejada