Complaint #201808958,
October 25, 2018

Officer: Scally, Michael
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Monkowski, Matthew
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Scally, Michael
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Monkowski, Matthew
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mallilo, Paul
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Mallilo, Paul
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mallilo, Paul
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mallilo, Paul
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Fursa, Steven
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Adams, Dean
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Joseph, Ricardo
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Exonerated
Officer: Scally, Michael
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Scally, Michael
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer: Scally, Michael
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Scally, Michael Hispanic Male, 48 Abuse of Authority: Failure to provide RTKA card Exonerated
Monkowski, Matthew Hispanic Male, 48 Abuse of Authority: Failure to provide RTKA card Exonerated
Scally, Michael Hispanic Male, 48 Abuse of Authority: Stop Substantiated (Command Discipline B)
Monkowski, Matthew Hispanic Male, 48 Abuse of Authority: Stop Substantiated (Command Discipline B)
Mallilo, Paul Hispanic Male, 48 Abuse of Authority: Failure to provide RTKA card Exonerated
Mallilo, Paul Hispanic Male, 48 Abuse of Authority: Stop Substantiated (Command Discipline B)
Mallilo, Paul Hispanic Male, 48 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Mallilo, Paul Hispanic Male, 48 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Fursa, Steven Hispanic Male, 48 Abuse of Authority: Failure to provide RTKA card Exonerated
Adams, Dean Hispanic Male, 48 Abuse of Authority: Failure to provide RTKA card Exonerated
Joseph, Ricardo Hispanic Male, 48 Abuse of Authority: Failure to provide RTKA card Exonerated
Scally, Michael Hispanic Male, 48 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Scally, Michael Hispanic Male, 48 Abuse of Authority: Search of recording device Unsubstantiated
Scally, Michael Hispanic Male, 48 Abuse of Authority: Interference with recording Unsubstantiated

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.
'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

Monkowski, Matthew
Formalized Training

Scally, Michael
Formalized Training

Mallilo, Paul
Formalized Training

Summary

On October 25, 2018, at approximately 3:58 p.m., Mr. R [redacted] was talking on the phone in front of his garage, located at 2279 West 7th Street in Brooklyn, when Sergeant M [redacted] M [redacted] Sergeant M [redacted] S [redacted] and Detective Paul Mallilo-all of Narcotics Borough Brooklyn South-who were in the area to conduct a buy-and-bust operation, pulled up behind him in an unmarked minivan, and stopped and handcuffed him (Allegations A, B, and C: Abuse of Authority, substantiated). Sgt. S [redacted] took possession of one of Mr. R [redacted] cell phones. Det. Mallilo frisked Mr. R [redacted] and searched his front sweatshirt pocket and pants pocket repeatedly (Allegations D: Abuse of Authority, substantiated; Allegation E: Abuse of Authority, substantiated). Det. Mallilo recovered a folding pocket knife from Mr. R [redacted] right front pants pocket. Sgt. S [redacted] threatened to arrest Mr. R [redacted] for possession of the knife (Allegation F: Abuse of Authority, substantiated). Detective R [redacted] Detective D [redacted] A [redacted] and Detective S [redacted] all of Narcotics Borough Brooklyn South, as well-arrived in a second unmarked vehicle a few minutes later. After it was determined that Mr. R [redacted] was the incorrect suspect, Sgt. S [redacted] returned Mr. R [redacted] knife and cell phone, which Sgt. S [redacted] had allegedly turned off (Allegation G: Abuse of Authority, unsubstantiated; Allegation H: Abuse of Authority, unsubstantiated). Mr. R [redacted] was neither arrested nor issued any summonses, and did not receive any business cards from any officer (Allegations I-N: Abuse of Authority, exonerated). Sgt. M [redacted] Det. Mallilo, Det. J [redacted] and Det. F [redacted] all failed to prepare memo book entries regarding this incident as required (Allegations O, P, Q, and R: Other Misconduct). Det. Mallilo failed to prepare a stop and frisk report as required (Allegation S: Other Misconduct). Read report for details.


Details

Incident: October 25, 2018
Received: October 29, 2018
Closed: October 7, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 61st Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected