Complaint #201903527,
April 24, 2019

Officer: Napolitano, Michael
Complainant: Black Male, 53
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Napolitano, Michael
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Napolitano, Michael
Complainant: Black Male, 53
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Napolitano, Michael
Complainant: Black Male, 53
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Napolitano, Michael Black Male, 53 Abuse of Authority: Seizure of property Substantiated (Command Discipline A)
Napolitano, Michael Abuse of Authority: Entry of Premises Substantiated (Command Discipline A)
Napolitano, Michael Black Male, 53 Abuse of Authority: Threat of arrest Exonerated
Napolitano, Michael Black Male, 53 Discourtesy: Word Substantiated (Command Discipline A)

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.

Further details on conclusions.


Penalty

Napolitano, Michael
Command Discipline - A

Summary

On April 24, 2019, at approximately 4:30p.m., [redacted] was playing music from a speaker in his garage, located at [redacted] in Brooklyn. Two officers, PO Michael Napolitano and PO Matthew Melendez, both from the 77th Precinct, arrived in front of [redacted] residence. PO Napolitano informed [redacted] that his music was too loud and that he was seizing the speaker. [redacted] and PO Napolitano walked to the garage, where they had a back and forth conversation regarding [redacted] being frequently warned for unreasonable noise. During this conversation, PO Napolitano told [redacted] "don't give me that shit" when [redacted] protested the seizure of his speaker (Allegation A: Discourtesy; [redacted]). [redacted] told PO Napolitano that he would turn on his other speakers once they left, to which PO Napolitano responded, "I'll collar you bro, I don't give a fuck. You know me, I don't give a shit" (Allegation A cont.: Discourtesy; [redacted] and Allegation B: Abuse of Authority; [redacted] 1). PO Napolitano then entered the garage and took the speaker (Allegation C and D; Abuse of Authority; [redacted] 1). PO Melendez issued [redacted] two summonses for unreasonable noise and blocking pedestrian traffic [BR01 and BR02, respectively]. Read report for details.


Details

Incident: April 24, 2019
Closed: February 13, 2020

Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 77th Precinct Brooklyn
Outcome: Summons - other violation/crime

Witness Officers: Matthew Melendez
Body-Worn Camera evidence collected
Video evidence collected