Complaint #201702755,
April 4, 2017

Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Charges)
Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Substantiated (Charges)
Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Charges)
Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Offensive Language: Gender
CCRB Conclusion: Substantiated (Charges)
Officer: Russo, Sam
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Russo, Sam Black Male, 23 Force: Chokehold Substantiated (Charges)
Russo, Sam Black Male, 23 Force: Other Unsubstantiated
Russo, Sam Black Male, 23 Abuse of Authority: Vehicle search Substantiated (Charges)
Russo, Sam Black Male, 23 Abuse of Authority: Threat to damage/seize property Substantiated (Charges)
Russo, Sam Black Male, 23 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Charges)
Russo, Sam Black Male, 23 Discourtesy: Word Substantiated (Charges)
Russo, Sam Black Male, 23 Offensive Language: Gender Substantiated (Charges)
Russo, Sam Black Male, 23 Force: Physical force Substantiated (Charges)

Conclusion Meanings:

'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.


Penalty

Russo, Sam
Closed: MOS Retired, January 25, 2018
APU Closed: MOS Retired

Summary

At 12:38 p.m. on April 4, 2017, [redacted] called 911 and stated that she found her daughter, [redacted] laying in the bathtub and not breathing at [redacted] in Manhattan. EMT Captain [redacted] EMT [redacted] and EMT [redacted] responded along with Lieutenant Sam Russo, Police Officer Millicent Semper-Martinez, Police Officer Carl Wesarg, and Police Officer Robert Marmolejos of the 28th Precinct. While [redacted] was on the phone with 911, she reported that [redacted] had begun to breathe again. EMS treated [redacted] inside of the apartment and then brought her downstairs to an ambulance. During this time [redacted] father, [redacted] drove from work to [redacted]. In addition to [redacted] his cousins [redacted] and his aunt [redacted] and his mother, [redacted] travelled to [redacted] as well.
At approximately 1:00 p.m., [redacted] arrived at [redacted] and double-parked his vehicle across the street. [redacted] ran to the ambulance and [redacted]. After approximately two minutes, [redacted] walked out of the ambulance and toward [redacted]. He asked where [redacted] was. Lieutenant Russo and Police Officer Semper-Martinez walked toward [redacted]. [redacted] walked away from the officers to his vehicle. Lieutenant Russo followed [redacted] and said, "What the hell is your issue?" [redacted] turned toward Lieutenant Russo and yelled, "What do you mean 'What is my issue?' That's my daughter." Lieutenant Russo stepped forward and allegedly placed both hands around [redacted] neck (Allegation A). Lieutenant Russo allegedly squeezed [redacted] neck for several seconds, and then pushed him backwards toward his vehicle (Allegations B and C). Lieutenant Russo allegedly placed his fists up, entered a "fighting stance," and "aggressively" moved toward [redacted] (Allegation D). [redacted] entered a fighting stance too and asked, "Why did you touch me?" Lieutenant Russo allegedly repeatedly said, "You little motherfucker" (Allegation E). Police Officers Semper-Martinez, Wesarg, and Marmolejos stood in between... Read report for details.


Details

Incident: April 4, 2017
Received: April 10, 2017
Closed: January 25, 2018
Last Updated: February 18, 2026

Reason for contact: Aided case
Location: Street/highway
In NYPD 28th Precinct Manhattan
Outcome: Summons - disorderly conduct

Witness Officers: Tammie Garcia, Robert Marmolejos, Ehsan Rahman, Millicent Sempermartinez, Carl Wesarg
Video evidence collected