Complaint #201810135,
December 5, 2018

Officer: Commender, Matthew
Complainant: Black Male, 22
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Commender, Matthew
Complainant: Black Male, 24
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer: Commender, Matthew
Complainant: Black Male, 22
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Chan, Robert
Complainant: Black Male, 22
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Chan, Robert
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Chan, Robert
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gugliucci, Thomas
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gugliucci, Thomas
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Fitzpatrick, Daniel
Complainant: Black Male, 22
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Fitzpatrick, Daniel
Complainant: Black Male, 22
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Fitzpatrick, Daniel
Complainant: Black Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Fitzpatrick, Daniel
Complainant: Black Male, 22
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Fitzpatrick, Daniel
Complainant: Black Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Fitzpatrick, Daniel
Complainant: Black Male, 22
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Commender, Matthew Black Male, 22 Abuse of Authority: Search of recording device Substantiated (Formalized Training)
Commender, Matthew Black Male, 24 Abuse of Authority: Search of recording device Unsubstantiated
Commender, Matthew Black Male, 22 Abuse of Authority: Threat of arrest Unsubstantiated
Chan, Robert Black Male, 22 Abuse of Authority: Question Exonerated
Chan, Robert Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Chan, Robert Abuse of Authority: Search of Premises Substantiated (Formalized Training)
Gugliucci, Thomas Abuse of Authority: Search of Premises Substantiated (Formalized Training)
Gugliucci, Thomas Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Fitzpatrick, Daniel Black Male, 22 Abuse of Authority: Retaliatory arrest Substantiated (Formalized Training)
Fitzpatrick, Daniel Black Male, 22 Abuse of Authority: Retaliatory arrest Substantiated (Formalized Training)
Fitzpatrick, Daniel Black Male, 24 Abuse of Authority: Search (of person) Exonerated
Fitzpatrick, Daniel Black Male, 22 Abuse of Authority: Search (of person) Exonerated
Fitzpatrick, Daniel Black Male, 24 Abuse of Authority: Frisk Exonerated
Fitzpatrick, Daniel Black Male, 22 Abuse of Authority: Frisk 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.
'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

Gugliucci, Thomas
Formalized Training

Chan, Robert
Formalized Training

Fitzpatrick, Daniel
Formalized Training

Commender, Matthew
Formalized Training

Summary

On December 5, 2018, officers responded to a Shot-Spotter activation in the vicinity of [redacted] on Staten Island (Shot-Spotter is an automated technology which detects potential gunfire and alerts the police). Once on scene, officers recovered shell casings in the driveway of [redacted]. Soon after, [redacted] exited [redacted], and Sergeant Robert Chan of the 120th Precinct asked him for his ID, and his name (Allegation A—Abuse of Authority- Question [redacted] then met up with [redacted] and they went to a nearby convenience store.
Upon returning, [redacted] and [redacted] were handcuffed and searched under the direction of Lieutenant Daniel Fitzpatrick of the 120th Precinct (Allegations B and C—Abuse of Authority-Arrest [redacted] and Allegations D, E, F and G-Abuse of Authority- Frisk/Search-[redacted]). After [redacted] and [redacted] were handcuffed, officers entered and searched [redacted] at the direction of Sergeant Chan and Sergeant Thomas Gugliucci of the 120th Precinct (Allegation H and I—Abuse of Authority—Entry of premises [redacted] and Allegation J and K-Abuse of Authority-Search of premises [redacted]).
[redacted] and [redacted] were taken to the 120th Precinct stationhouse, where they were interviewed by Detective Matthew Commender of the 120th Precinct Detective Squad. Detective Commender asked [redacted] to see his text messages (Allegation L-Abuse of Authority— Search of recording device-[redacted]) and allegedly threatened to arrest him if he did not show them to him (Allegation M—Abuse of Authority—Threat of arrest-[redacted]). He also allegedly searched [redacted]'s cell phone (Allegation N-Abuse of Authority- Search of recording device-[redacted]). Soon after, [redacted]'s step-father, [redacted], was arrested in regard to the incident and charged with [redacted] (Board Review 68). Read report for details.


Details

Incident: December 5, 2018
Closed: November 22, 2019

Reason for contact: Report-gun possession/shots fired
Location: Street/highway
In NYPD 120th Precinct Staten Island
Outcome: No arrest made or summons issued

Witness Officers: Isa Abbassi, Anthony Alfano, Christopher Bannon, Joseph Bruno, Daniel Castillo, Paul Melendez, Raymond Rodriguez
Body-Worn Camera evidence collected
Video evidence collected