Complaint #201900039,
December 30, 2018

Officer: Cooper, Kevin
Complainant: Black Male, 33
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Cooper, Kevin
Complainant: Black Male, 33
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Officer(s) Unidentified
Officer: Pennacchio, Michael
Complainant: Black Male, 33
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Pennacchio, Michael
Complainant: Black Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Pennacchio, Michael
Complainant: Black Male, 33
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Pennacchio, Michael
Complainant: Black Male, 33
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Chavez, Leonardo
Complainant: Black Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Cooper, Kevin Black Male, 33 Discourtesy: Word Unsubstantiated
Cooper, Kevin Black Male, 33 Abuse of Authority: Refusal to provide name Unsubstantiated
Unknown Officer Black Male, 30-34 Abuse of Authority: Refusal to process civilian complaint Officer(s) Unidentified
Pennacchio, Michael Black Male, 33 Abuse of Authority: Refusal to provide name Unsubstantiated
Pennacchio, Michael Black Male, 33 Force: Physical force Unsubstantiated
Pennacchio, Michael Black Male, 33 Abuse of Authority: Refusal to provide shield number Unfounded
Pennacchio, Michael Black Male, 33 Discourtesy: Word Unsubstantiated
Chavez, Leonardo Black Male, 33 Force: Physical force Unsubstantiated

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

On December 30, 2018, at approximately 6:35 pm, [redacted] went to the Canal Street subway station, swiped his metro card and was heading downstairs to the J-line Mezzanine when he observed Sgt. Kevin Cooper, PO Michael Pennacchio and PO Leonardo Chavez, from the Transit Bureau Special Operation Division, issuing summonses to transit riders who failed to pay before entering. [redacted] informed Sgt. Cooper that there was an issue in swiping the metro cards to enter the subway. Sgt. Cooper responded, "I don't want to be bothered with that. Get the fuck out of my face" (Allegation A: Discourtesy, [redacted] then went back to the turnstiles and told the incoming subway riders that there were officers at the bottom of the stairs. A few minutes later, Sgt. Cooper instructed PO Pennacchio and PO Chavez to remove [redacted] from the subway station. PO Pennacchio and PO Chavez, lifted [redacted] by his pants and dropped him outside the emergency gate (Allegations B and C: Force, [redacted] sustained a shoulder injury when he was dropped.
An unidentified uniformed officer, PO1, asked [redacted] why he was harassing the passengers. [redacted] told him that he would like to make a complaint against the officers. Sgt. Cooper and PO Pennacchio approached [redacted] and [redacted] asked Sgt. Cooper and PO Pennacchio for their names, shield numbers and command. Sgt. Cooper provided his shield number and command to [redacted] but did not provide his name (Allegation D: Abuse of Authority, [redacted] PO Pennacchio flashed his shield. [redacted] asked PO Pennacchio to see the shield again and PO Pennacchio responded, "Get your shit and leave" (Allegation E: Abuse of Authority, [redacted] Allegation F: Abuse of Authority, [redacted] Allegation G: Discourtesy, [redacted] At that point, PO1 told [redacted] to leave the subway. PO1 did not file [redacted]s report against the officers (Allegation H: Abuse of Authority, Officer [redacted] Read report for details.


Details

Incident: December 30, 2018
Received: January 2, 2019
Closed: October 3, 2019

Reason for contact: C/V requested info from officer
Location: Subway station/train
In NYPD 5th Precinct Manhattan
Outcome: No arrest made or summons issued