Complaint #201609123,
October 25, 2016

Officer: Koumniotes, Theohari
Complainant: Hispanic Male, 45
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Loffredo, Stephen
Complainant: Hispanic Male, 45
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Vukosa, Philippe
Complainant: Hispanic Male, 45
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Loffredo, Stephen
Complainant: Hispanic Male, 45
Allegation: Force: Chokehold
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Loffredo, Stephen
Complainant: Hispanic Male, 45
Allegation: Force: Other
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Loffredo, Stephen
Complainant: Hispanic Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Koumniotes, Theohari
Complainant: Male
Allegation: Discourtesy: Demeanor/tone
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Koumniotes, Theohari
Complainant: Male
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Koumniotes, Theohari Hispanic Male, 45 Force: Nonlethal restraining device Exonerated
Loffredo, Stephen Hispanic Male, 45 Force: Pepper spray Exonerated
Vukosa, Philippe Hispanic Male, 45 Force: Chokehold Substantiated (Command Discipline B)
Loffredo, Stephen Hispanic Male, 45 Force: Chokehold Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Loffredo, Stephen Hispanic Male, 45 Force: Other Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Loffredo, Stephen Hispanic Male, 45 Force: Physical force Exonerated
Koumniotes, Theohari Male Discourtesy: Demeanor/tone Substantiated (Command Discipline A)
Koumniotes, Theohari Male Abuse of Authority: Interference with recording Unfounded

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.


Penalties

Koumniotes, Theohari
Command Discipline - A

Vukosa, Philippe
Command Discipline - A

Summary

On October 25, 2016 at approximately 6:44 p.m., in the area of [redacted] in Brooklyn, PO Wegens Desiste and PO Philippe Vukosa of the 90th Precinct approached [redacted] to arrest him for assault. PO Vukosa and PO Desiste asked [redacted] to stop and come with them, and [redacted] refused. PO Desiste and PO Vukosa radioed for assistance, and Sgt. Koumniotes and PO Stephen Loffredo of the 90th Precinct arrived at the location within seconds.
PO Vukosa wrapped his forearm around [redacted]'s neck, and brought him to the ground (Allegation A). On the ground, PO Loffredo grabbed the front of [redacted]'s neck with his hand, and applied pressure which restricted [redacted]'s breathing (Allegation B, Allegation C). Subsequently, Sgt. Koumniotes used a Taser against [redacted] (Allegation D). Despite the use of the Taser, [redacted] got up from the ground and began to walk down the street away from the officers. [redacted] was pepper sprayed and brought to the ground a second time by PO Loffredo (Allegation E, Allegation F).
[redacted] was ultimately handcuffed after he was brought to the ground a second time.
As the officers secured [redacted], Sgt. Koumniotes directed his attention towards bystanders, some of whom yelled profanities while recording the incident on their cell phones. Sgt. Koumniotes yelled to an unidentified individual, "What are you going to do? I'm right here. Do it. You talk a big game when I turn around. Do it" and allegedly ordered an individual known only as [redacted] to stop recording (Allegation G, Allegation H). Read report for details.


Details

Incident: October 25, 2016
Received: November 1, 2016
Closed: March 29, 2017

Reason for contact: Report of other crime
Location: Street/highway
In NYPD 90th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Wegens Desiste
Video evidence collected