Complaint #201901595,
February 18, 2019

Officer: Martino, Angelo
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Martino, Angelo
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Martino, Angelo
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Martino, Angelo
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Martino, Angelo
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer: Martino, Angelo
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Thomas, Karl
Complainant: Hispanic Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Dellaquila, Michael
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Fox, Timothy
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Thomas, Karl
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Thomas, Karl
Complainant: Hispanic Male, 37
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Martino, Angelo Hispanic Male, 37 Abuse of Authority: Search (of person) Exonerated
Martino, Angelo Hispanic Male, 37 Abuse of Authority: Frisk Substantiated (Command Lvl Instructions)
Martino, Angelo Hispanic Male, 37 Abuse of Authority: Vehicle search Substantiated (Command Lvl Instructions)
Martino, Angelo Hispanic Male, 37 Abuse of Authority: Vehicle stop Exonerated
Martino, Angelo Hispanic Male, 37 Abuse of Authority: Strip-searched Unfounded
Martino, Angelo Hispanic Male, 37 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Fox, Timothy Hispanic Male, 37 Abuse of Authority: Vehicle stop Exonerated
Fox, Timothy Hispanic Male, 37 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Fox, Timothy Hispanic Male, 37 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Fox, Timothy Hispanic Male, 37 Abuse of Authority: Refusal to provide name Unsubstantiated
Fox, Timothy Hispanic Male, 37 Abuse of Authority: Seizure of property Unsubstantiated
Fox, Timothy Hispanic Male, 37 Discourtesy: Word Unfounded
Fox, Timothy Hispanic Male, 37 Discourtesy: Word Unfounded
Thomas, Karl Hispanic Male, 37 Discourtesy: Word Substantiated (Command Lvl Instructions)
Fox, Timothy Hispanic Male, 37 Abuse of Authority: Vehicle search Substantiated (Command Lvl Instructions)
Dellaquila, Michael Hispanic Male, 37 Abuse of Authority: Refusal to provide name Unsubstantiated
Fox, Timothy Hispanic Male, 37 Abuse of Authority: Question Substantiated (Command Lvl Instructions)
Thomas, Karl Hispanic Male, 37 Abuse of Authority: Refusal to provide name Unsubstantiated
Thomas, Karl Hispanic Male, 37 Abuse of Authority: Question 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.
'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.


Penalties

Fox, Timothy
Formalized Training

Thomas, Karl
Instructions

Martino, Angelo
Formalized Training

Summary

On February 18, 2019, at approximately 7 p.m., [redacted] exited his apartment building in Brooklyn and retrieved items from his vehicle nearby. Police Officer Karl Thomas and Sergeant Michael Dellaquila, both from the 90th Precinct, allegedly drove by and stopped near [redacted]. PO Thomas allegedly asked [redacted] for his license and registration (Allegation A: Abuse of Authority, [redacted]). [redacted] refused. The officers departed.
On February 19, 2019, at approximately 4 p.m., [redacted] was double parked in his same vehicle in front of [redacted] when Lieutenant Timothy Fox and Police Officer Angelo Martino, both of the 90th Precinct, stopped him (Allegations B–C: Abuse of Authority, [redacted]). [redacted] who did not have a valid driver's license, provided his ID to Lt. Fox. Lt. Fox allegedly told [redacted] "I don't give a fuck about a suspended license" (Allegation D: Discourtesy, [redacted]). Lt. Fox asked [redacted] if he had any guns or drugs in his car (Allegation E: Abuse of Authority, [redacted]). PO Martino frisked [redacted] (Allegation F: Abuse of Authority, [redacted]). PO Martino entered [redacted] pocket and recovered a folding, box-cutter-style pocketknife (Allegation G: Abuse of Authority, [redacted]). PO Martino allegedly strip-searched [redacted] on the side of the road (Allegation H: Abuse of Authority, [redacted]).
PO Thomas and Sgt. Dellaquila arrived on scene. Lt. Fox observed as PO Martino searched [redacted] vehicle (Allegations I–J: Abuse of Authority, [redacted]). PO Thomas questioned [redacted] about gun- and drug-related crime in the area. [redacted] denied knowledge of such crime. PO Thomas said, "C'mon man, don't give me that shit. We know you're out here" (Allegation K: Discourtesy, [redacted]). Lt. Fox allegedly told [redacted] to "park the fucking car" (Allegation L: Discourtesy, [redacted]).
Lt. Fox allegedly failed to provide his name and shield number to [redacted] (Allegations M-N: Abuse of Authority, [redacted]). Sgt. Dellaquila and PO Thomas allegedly failed... Read report for details.


Details

Incident: February 18, 2019
Received: February 20, 2019
Closed: May 15, 2020

Reason for contact: Parking violation
Location: Street/highway
In NYPD 90th Precinct Brooklyn
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected