Complaint #201901058,
January 20, 2019

Officer: Molfetta, Michael
Complainant: Black Male, 36
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Molfetta, Michael
Complainant: Black Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Molfetta, Michael
Complainant: Black Male, 36
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Molfetta, Michael Black Male, 36 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Molfetta, Michael Black Male, 36 Discourtesy: Word Unsubstantiated
Molfetta, Michael Black Male, 36 Discourtesy: Action Unsubstantiated

Conclusion Meanings:

'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

At approximately 7:55 a.m. on January 20, 2019, [redacted] was in the Bread and Butter Deli at 303 5th Avenue in Manhattan. A store employee told him he had to leave, but [redacted] refused. Police Officer Michael Molfetta and Police Officer Allen Walker, of Midtown South, were also in the store and the employee approached them and asked them to get [redacted] to leave. The officers approached [redacted] and PO Molfetta told him he had to leave. As [redacted] was gathering his belongings, PO Molfetta told [redacted] he was taking too long to leave, before allegedly slapping the table and calling [redacted] a "stupid motherfucker" (Allegation A: Discourtesy: Action: Unsubstantiated, Allegation B Discourtesy: Word: Unsubstantiated).
[redacted] then walked out of the store and PO Molfetta and PO Walker followed him outside. When they were outside, [redacted] repeatedly told PO Molfetta he did not break the law and at some point during this conversation, PO Molfetta allegedly told [redacted] "I'm going to shoot you" (Allegation C: Abuse of Authority: Threat of Force: Unsubstantiated). PO Molfetta and PO Walker then went back into the store and [redacted] left. He was not arrested or summonsed. Read report for details.


Details

Incident: January 20, 2019
Received: February 5, 2019
Closed: January 9, 2020

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD Midtown South Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Allen Walker