Complaint #201706223,
July 24, 2017

Officer: Falcone, Robert
Complainant: Black Male, 35
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Lodestro, Robert
Complainant: Black Male, 35
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Nemeth, John
Complainant: Black Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Vanbrakle, Miguel
Complainant: Black Male, 35
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Carpio, Melvin
Complainant: Black Male, 35
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Carpio, Melvin
Complainant: Black Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Vanbrakle, Miguel
Complainant: Black Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Falcone, Robert
Complainant: Black Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Falcone, Robert Black Male, 35 Force: Nightstick as club (incl asp & baton) Exonerated
Lodestro, Robert Black Male, 35 Force: Nonlethal restraining device Exonerated
Nemeth, John Black Male, 35 Force: Physical force Exonerated
Vanbrakle, Miguel Black Male, 35 Force: Pepper spray Exonerated
Carpio, Melvin Black Male, 35 Force: Nightstick as club (incl asp & baton) Exonerated
Carpio, Melvin Black Male, 35 Force: Physical force Exonerated
Vanbrakle, Miguel Black Male, 35 Force: Physical force Exonerated
Falcone, Robert Black Male, 35 Force: Physical force Exonerated

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.

Further details on conclusions.


Summary

On July 24, 2017, at approximately 9:24 p.m., police responded to UT Deli, located at 876 Utica Avenue in Brooklyn, after [redacted] called 911 to report that [redacted] had menaced him with a knife in his store. Sgt. Robert Falcone and PO Melvin Carpio of the 67th Precinct encountered [redacted] on the sidewalk outside the store and ordered him to take his hands out of his pockets, put them behind his back, and get on the ground. Instead, he clenched his fists and took a fighting stance. Sgt. Falcone and PO Carpio each struck [redacted] in his arms and legs with their asps approximately twice (Allegations A and B). These asp strikes had no apparent effect on [redacted] who pushed a pile of boxes on the curb towards the officers and placed his back against a glass storefront. PO Miguel Van Brakle and PO John Nemeth of the 67th Precinct arrived on scene, and PO Van Brakle pepper sprayed [redacted] (Allegation C). [redacted] grabbed onto a nearby railing. All four officers then pulled [redacted] off of the railing and down to the ground (Allegations D, E, F, and G). PO Robert Lodestro and PO Corey Anderson of the 67th Precinct arrived on scene, and [redacted] continued to refuse to put his hands behind his back. PO Lodestro fired his Taser prongs into [redacted]s back and discharged one Taser cycle (Allegation H). The officers then handcuffed [redacted]. [redacted] was transported via ambulance to [redacted] to have the Taser prongs removed, and he was charged with [redacted]. Read report for details.


Details

Incident: July 24, 2017
Received: August 1, 2017
Closed: January 25, 2018

Reason for contact: Report of other crime
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Corey Anderson
Video evidence collected