Complaint #201902117,
November 5, 2018

Officer: Algerio, Michael
Complainant: Black Male, 46
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Algerio, Michael
Complainant: Black Male, 46
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unsubstantiated
Officer: Algerio, Michael
Complainant: Black Male, 46
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Zheng, Dongyun
Complainant: Black Male, 46
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Zheng, Dongyun
Complainant: Black Male, 46
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Algerio, Michael
Complainant: Black Male, 46
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Algerio, Michael Black Male, 46 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Algerio, Michael Black Male, 46 Force: Handcuffs too tight Unsubstantiated
Algerio, Michael Black Male, 46 Force: Physical force Exonerated
Zheng, Dongyun Black Male, 46 Force: Chokehold Unsubstantiated
Zheng, Dongyun Black Male, 46 Force: Restricted Breathing Unsubstantiated
Algerio, Michael Black Male, 46 Abuse of Authority: Other Substantiated (Formalized Training)

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.


Penalty

Algerio, Michael
Formalized Training

Summary

On November 5, 2018, at approximately 5:49 p.m., at the intersection of Canal Street and Broadway in Manhattan, PO Michael Algerio and Sgt. Dongyun Zheng, both of the 5th Precinct (PO Algerio has since been transferred to Patrol Borough Manhattan South), approached [redacted] and arrested him for [redacted] (BR 01). PO Algerio told [redacted] to turn around, but [redacted] refused. When [redacted] refused to turn around a second time, PO Algerio put his hand on his Taser and allegedly told [redacted] that if [redacted] did not turn around, he would Tase him (Allegation A: Abuse of Authority – Threat of Force, [redacted] turned around, and PO Algerio handcuffed him tightly. When [redacted] told PO Algerio that the handcuffs were too tight, PO Algerio told [redacted] that he would loosen the handcuffs. Instead, PO Algerio allegedly made the handcuffs tighter on [redacted]'s wrists (Allegation B: Force – Handcuffs Too Tight, [redacted]
PO Algerio led [redacted] to a marked SUV, and, as [redacted] was trying to position himself in the back seat, PO Algerio pushed him into the car (Allegation C: Force – Physical Force, [redacted] Sgt. Zheng went to the other side of the car, reached inside, and allegedly put both of his hands around [redacted]'s neck (Allegation D: Force – Chokehold, [redacted] making it difficult for [redacted] to breathe (Allegation E: Force – Restricted Breathing, [redacted] Despite [redacted] complaining that his handcuffs were too tight throughout the incident, PO Algerio did not check whether the tightness was appropriate or excessive (Allegation F: Abuse of Authority – Other - Failure to check the tightness of handcuffs, [redacted] Read report for details.


Details

Incident: November 5, 2018
Received: March 11, 2019
Closed: April 28, 2020

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 5th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Timothy Dougherty, Gregory Scharkopf
Body-Worn Camera evidence collected
Video evidence collected