Complaint #201905740,
June 29, 2019

Officer: Fitzpatrick, Kelly
Complainant: Female, 47
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Petrigno, Carl
Complainant: Female, 47
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Petrigno, Carl
Complainant: Female, 47
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fitzpatrick, Kelly
Complainant: Female, 47
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Fitzpatrick, Kelly
Complainant: Female, 47
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Petrigno, Carl
Complainant: Female, 47
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Board Conclusion
Fitzpatrick, Kelly Female, 47 Force: Physical force Exonerated
Petrigno, Carl Female, 47 Abuse of Authority: Threat of arrest Exonerated
Petrigno, Carl Female, 47 Force: Physical force Exonerated
Fitzpatrick, Kelly Female, 47 Discourtesy: Word Exonerated
CCRB Investigator Recommendation: Substantiated
Fitzpatrick, Kelly Female, 47 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Petrigno, Carl Female, 47 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)

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.


Penalties

Petrigno, Carl
Formalized Training

Fitzpatrick, Kelly
Formalized Training

Summary

On June 29, 2019, [redacted] was involved in an altercation with a loss-prevention officer at a Walgreens located at 20 Astor Place in Manhattan. [redacted] called 911 to report that she had been assaulted. Police Officers Kelly Fitzpatrick and Carl Petrigno of the 9th Precinct arrived on scene. PO Fitzpatrick and PO Petrigno first spoke with the loss-prevention officer and then with [redacted] and the officers argued. During this argument, PO Fitzpatrick told [redacted] "You're gonna calm the fuck down" (Allegation A: Discourtesy, [redacted]). PO Petrigno and PO Fitzpatrick took [redacted] to the ground and placed her in handcuffs (Allegations B and C: Force, [redacted]). [redacted] was taken to an ambulance to treat an injury sustained from her altercation with the loss prevention officer. After reviewing the store security footage, PO Petrigno informed [redacted] that the incident was a cross-assault and that if she chose to press charges against the loss-prevention officer, she would also be arrested (Allegation D: Abuse of Authority, [redacted]). [redacted] chose not to press charges and she was not arrested.
On November 6, 2020, the complaint was re-opened upon [redacted]'s request, regarding allegations that PO Petrigno and PO Fitzpatrick failed to provide her business cards (Allegations E and F: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: June 29, 2019
Received: July 1, 2019
Closed: December 17, 2020

Reason for contact: Report of other crime
Location: Commercial building
In NYPD 9th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Christopher Joyce, Vincent Lapenta, Christopher Lazarre, Erika Prado
Body-Worn Camera evidence collected
Video evidence collected