Complaint #201903391,
April 20, 2019

Officer: Yung, Kit
Complainant: Hispanic, 22
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Barbarelli, Louis
Complainant: Hispanic, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Barbarelli, Louis
Complainant: Hispanic, 22
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Yung, Kit
Complainant: Hispanic, 22
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Yung, Kit Hispanic, 22 Abuse of Authority: Threat of arrest Exonerated
Barbarelli, Louis Hispanic, 22 Discourtesy: Word Substantiated (Command Discipline A)
Barbarelli, Louis Hispanic, 22 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Yung, Kit Hispanic, 22 Abuse of Authority: Threat of arrest 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.
'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

Barbarelli, Louis
Command Discipline - A

Summary

On April 20, 2019, at approximately 1:20 p.m., [redacted] was fired from his place of employment, the [redacted] in Manhattan. As [redacted] went to retrieve his belongings, he and an ex-coworker engaged in a verbal altercation, in which he was called a faggot. [redacted] was then asked to leave the store, which he did, and called 911. Sgt. Kit Yung of the 5th Precinct responded to the scene. After speaking with the employees, Sgt. Yung informed [redacted] that he had to leave the premises or else he would be arrested (Allegation A: Abuse of Authority; [redacted].
[redacted] then went to the 5th Precinct stationhouse in Manhattan to file a harassment report regarding his ex-coworker calling him a faggot. Upon arriving at the stationhouse, he spoke with Sgt. Yung and Lt. Louis Barbarelli of the 5th Precinct. [redacted] recorded this interaction on his cellphone, in which Lt. Barbarelli is heard telling [redacted] not to bring up "that shit" when referring to [redacted]'s sexuality (Allegation B: Discourtesy; [redacted] [BR01]. Later in the conversation, [redacted] informed Lt. Barbarelli that he wanted to file a complaint against Sgt. Yung, which Lt. Barbarelli allegedly ignored (Allegation C: Abuse of Authority; [redacted]. As [redacted] was leaving the stationhouse, Sgt. Yung stated that if he returned, he would arrest him (Allegation D: Abuse of Authority; [redacted]. Read report for details.


Details

Incident: April 20, 2019
Closed: October 18, 2019

Reason for contact: Report-dispute
Location: Residential building
In NYPD 5th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Edwin Gonzalez
Body-Worn Camera evidence collected
Video evidence collected