Complaint #201709627,
November 10, 2017

Officer: Miller, Jason
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Miller, Jason
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Miller, Jason
Complainant: Black Male, 57
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Agostino, Vincent
Complainant: Black Male, 57
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Miller, Jason Abuse of Authority: Entry of Premises Exonerated
Miller, Jason Abuse of Authority: Search of Premises Exonerated
Miller, Jason Black Male, 57 Force: Physical force Unsubstantiated
Agostino, Vincent Black Male, 57 Force: Physical force Unsubstantiated
Unknown Officer Black Male, 55-59 Discourtesy: Word Officer(s) Unidentified

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

On November 10, 2017, at approximately 6:05 a.m., Det. Jason Miller, Sgt. Kenneth Tysdal, Det. Vincent Agostino, and additional officers of Staten Island Narcotics executed a search warrant at [redacted] in Staten Island, entering and searching the location (Allegations A and B: Abuse of Authority, [redacted]). Det. Miller and Det. Agostino went into the basement of the house, where [redacted] was staying. Det. Miller and Det. Agostino instructed [redacted] to get on the ground and then began striking his back (Allegations C and D: Force, [redacted]). While [redacted] was on the ground, he repeatedly told the officers that they had the wrong person. An officer told [redacted] "Shut the fuck up. Stay down," (Allegation E: Discourtesy, [redacted]). [redacted] was arrested for criminal possession of a controlled substance and unlawful possession of marijuana. Read report for details.


Details

Incident: November 10, 2017
Received: November 20, 2017
Closed: August 13, 2018

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 120th Precinct Staten Island
Outcome: Arrest - other violation/crime

Witness Officers: Kenneth Tysdal