Complaint #201809776,
August 2, 2018

Officer: Motto, Kimberly
Complainant: Black Male, 73
Allegation: Abuse of Authority: Entry of Premises
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Shugrue, Michael
Complainant: Black Male, 73
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Martinez, Nikaurys
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Officer(s) Unidentified
Officer: Shugrue, Michael
Complainant: Black Male, 73
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 70-74
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Motto, Kimberly
Complainant: Black Male, 73
Allegation: Abuse of Authority: Search of Premises
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Shugrue, Michael
Complainant: Black Male, 73
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Shugrue, Michael
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Shugrue, Michael
Complainant: Hispanic Male, 26
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Shugrue, Michael
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Shugrue, Michael
Complainant: Black Male, 18
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Shugrue, Michael
Complainant: Hispanic Male, 26
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Board Conclusion
Motto, Kimberly Black Male, 73 Abuse of Authority: Entry of Premises Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Shugrue, Michael Black Male, 73 Abuse of Authority: Entry of Premises Exonerated
Martinez, Nikaurys Hispanic Male, 27 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Refusal to provide shield number Officer(s) Unidentified
Shugrue, Michael Black Male, 73 Abuse of Authority: Search of Premises Exonerated
Unknown Officer Black Male, 70-74 Discourtesy: Word Unfounded
Motto, Kimberly Black Male, 73 Abuse of Authority: Search of Premises Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Shugrue, Michael Black Male, 73 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)
Shugrue, Michael Hispanic Male, 25 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)
Shugrue, Michael Hispanic Male, 26 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)
Shugrue, Michael Hispanic Male, 27 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)
Shugrue, Michael Black Male, 18 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)
Shugrue, Michael Hispanic Male, 26 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)

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
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Shugrue, Michael
Command Discipline - A

Summary

At approximately 7:30 p.m. on August 2, 2019, [redacted] his sons [redacted] and [redacted] and their friends [redacted] and [redacted] got into an argument with a group of unidentified individuals in front of [redacted] in Manhattan. One of these individuals produced a gun. [redacted] and [redacted] fled from this individual, running into the building and shutting themselves into the [redacted] family's apartment, [redacted]. The shooter followed them to the building's third floor and shot at them. The bullets struck the door of the neighboring apartment, [redacted]. Numerous officers responded to the shooting, including Deputy Inspector Michael Shugrue, Lieutenant Kimberly Motto and Police Officer Kingsley Joachim of PSA 6. Deputy Inspector Shugrue summoned ESU to the location and directed them to enter [redacted] (Allegation A: Abuse of Authority - Entry of premises, [redacted]). The ESU officers allegedly told the apartment's occupants, "Get the fuck down" (Allegation B: Discourtesy - Word, [redacted]). They then forced their way into the apartment and searched through it (Allegation C: Abuse of Authority – Search of premises, [redacted]). The six civilians were removed from the apartment, placed in handcuffs, and transported to the 24th Precinct stationhouse (Allegations D-I: Abuse of Authority - Retaliatory arrest, [redacted]). Afterwards, Lieutenant Motto re-entered the apartment (Allegation J: Abuse of Authority – Entry of premises, [redacted]; Allegation K: Abuse of Authority – Search of premises, [redacted]).
The civilians were questioned about the individual who had shot at them. While at the stationhouse, [redacted] allegedly asked two officers for their shield numbers: Police Officer Nikaurys Martinez of PSA 6 (Allegation L: Abuse of Authority – Refusal to provide shield number, [redacted]) and an unidentified officer (Allegation M: Abuse of Authority – Refusal to provide shield number, [redacted]) for their shield numbers. The officers allegedly ignored the request. [redacted] and [redacted] were... Read report for details.


Details

Incident: August 2, 2018
Received: November 23, 2018
Closed: January 3, 2020

Reason for contact: Report-gun possession/shots fired
Location: NYCHA
In NYPD 26th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Deniz Aktas, Ivis Ayala, Okelie Bentley, Antonio Castelluccio, Andrew Chang, Daniel Delaney, Joshua Escobar, German Geronimo, Badr Haimoudat, Kingsley Joachim, Joseph Mckenna, Daniela Rizzo, Brian Stanton
Body-Worn Camera evidence collected