Complaint #201701615,
February 27, 2017

Officer: Napolitano, Thomas
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Napolitano, Thomas
Complainant: Black Male, 52
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Tomins, Raymond
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Tomins, Raymond
Complainant: Black Male, 52
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Russo, Joseph
Complainant: Black Male, 52
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Ortiz, Eric
Complainant: Black Male, 52
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 50-54
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Napolitano, Thomas Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Napolitano, Thomas Black Male, 52 Force: Gun Pointed Substantiated (Command Discipline A)
Tomins, Raymond Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Tomins, Raymond Black Male, 52 Force: Gun Pointed Unsubstantiated
Russo, Joseph Black Male, 52 Force: Gun Pointed Unsubstantiated
Ortiz, Eric Black Male, 52 Force: Gun Pointed Unsubstantiated
Unknown Officer Black Male, 50-54 Force: Physical force Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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

Tomins, Raymond
No Disciplinary Action-DUP
No penalty

Napolitano, Thomas
No Disciplinary Action-DUP
No penalty

Summary

On February 27, 2017, at approximately 8:50 a.m., eight officers from the Patrol Borough Brooklyn North Warrant Squad-Sgt. Raymond Tomins, Det. Thomas Napolitano, Det. Eric Meza, Det. Joseph Russo, Det. Anthony Giretti, Det. Paul Viar, PO John Ross, and Det. Eric Ortiz-arrived outside of [redacted] in Brooklyn.
It is undisputed that the sole reason the officers arrived at this location was to attempt to apprehend [redacted] who had an active New York State parole warrant. Det. Napolitano was the only officer who investigated the parole warrant. Det. Napolitano testified that his investigation led him to conclude that [redacted] resided at [redacted].
Four of the officers reportedly proceeded to [redacted] two officers went to the roof of the building, and two officers remained on the ground floor of the building. Det. Napolitano knocked on the door of [redacted]. [redacted] was alone inside of [redacted] when Det. Napolitano knocked. [redacted] testified that he knew [redacted] from the time that [redacted] was a small child, but he denied that [redacted] had ever resided at, or been inside of, [redacted]. [redacted] testified that when he heard knocking, he approached the front door of his apartment. [redacted] alleged that Det. Napolitano forced the peephole off of his front door (Subsumed into Allegation E). [redacted] opened the front door of his apartment. [redacted] alleged that PO Napolitano, Sgt. Tomins, Det. Russo, and Det. Ortiz had their guns pointed at him (Allegations A-D). Immediately after opening the door, [redacted] was escorted outside of his apartment. [redacted] alleged that Det. Napolitano, Sgt. Tomins, and other officers entered and searched it (Allegations E and F). [redacted] alleged that as his apartment was being searched, one of the officers [redacted] pressed his forearm on the back of [redacted] neck, pinning him against a wall (Allegation G). The search of [redacted] yielded negative results for [redacted] or any other person. Det. Napolitano then spoke with [redacted] indicated... Read report for details.


Details

Incident: February 27, 2017
Received: March 2, 2017
Closed: September 13, 2017

Reason for contact: Execution of arrest/bench warrant
Location: Apartment/house
In NYPD 81st Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Anthony Giretti, Eric Meza, John Ross, Paul Viar
Video evidence collected