Complaint #201903090,
April 5, 2019

Officer: Fragoletti, Justin
Complainant: Hispanic Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Disla, Enmanuel
Complainant: Hispanic Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fragoletti, Justin
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Disla, Enmanuel
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Disla, Enmanuel
Complainant: Hispanic Male, 34
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Disla, Enmanuel
Complainant: Hispanic Male, 34
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Disla, Enmanuel
Complainant: Hispanic Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Fragoletti, Justin Hispanic Male, 34 Force: Physical force Exonerated
Disla, Enmanuel Hispanic Male, 34 Force: Physical force Exonerated
Fragoletti, Justin Hispanic Male, 34 Abuse of Authority: Stop Unsubstantiated
Disla, Enmanuel Hispanic Male, 34 Abuse of Authority: Stop Unsubstantiated
Disla, Enmanuel Hispanic Male, 34 Force: Chokehold Unsubstantiated
Disla, Enmanuel Hispanic Male, 34 Force: Restricted Breathing Unsubstantiated
Disla, Enmanuel Hispanic Male, 34 Discourtesy: Word 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.
'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 April 5, 2019, at approximately 11:00 p.m., [redacted] was standing at the intersection in Queens and observed Police Officer Justin Fragoletti and Police Officer Enmanuel Disla, both of the 110th Precinct, exit their police vehicle and stop (Allegation A and B: Abuse of Authority - Stop, [redacted]).
During a conversation with [redacted], Police Officer Disla stated "I'm gonna put you on the ground if you don't fucking calm down" (Allegation C: Discourtesy - Word, [redacted]).
After the conversation, Police Officer Fragoletti and Police Officer Disla used force to bring [redacted] to the ground (Allegation D and E: Force – Physical Force, [redacted]). At this point, [redacted] crossed the street to get closer and began filming the incident. [redacted] alleged that during this physical interaction, Police Officer Emmanuel Disla used a chokehold against [redacted] and restricted his breathing (Allegation F: Force – Chokehold, [redacted])(Allegation G: Force – Restricted Breathing, [redacted]).
Additional officers arrived and helped place [redacted] into handcuffs. Once [redacted] was placed in a police vehicle, officers began leaving the location. [redacted] was arrested and charged with Resisting Arrest, Obstructing Governmental Administration in the 2nd degree, Disorderly Conduct (creating a hazardous condition), and Harassment in the 2nd degree (BR 23). Read report for details.


Details

Incident: April 5, 2019
Received: April 10, 2019
Closed: September 22, 2020

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 110th Precinct Queens
Outcome: Arrest - disorderly conduct

Witness Officers: Joseph Antonucci, David Calhoun, Matthew Caulfield, Jose Checo, Brian Chow, James Cronin, Nicholas Gismondi, William Graham, Seungji Huh, Chris Logan, Brandon Morales, Michael Nardo, Mark Ortiz, Patrick Oshea, Brian Timmons, Alexandru Trefas, Ryan Valdez, Kevin Williams
Body-Worn Camera evidence collected
Video evidence collected