Complaint #201905887,
July 3, 2019

Officer: Guagenti, Vito
Complainant: Black Male, 63
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Guagenti, Vito
Complainant: Black Male, 63
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guagenti, Vito
Complainant: Black Male, 63
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Serrano, Michael
Complainant: Black Male, 63
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Serrano, Michael
Complainant: Black Male, 63
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Guagenti, Vito
Complainant: Black Male, 63
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Board Conclusion
Guagenti, Vito Black Male, 63 Abuse of Authority: Stop Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Guagenti, Vito Black Male, 63 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline B)
Guagenti, Vito Black Male, 63 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Serrano, Michael Black Male, 63 Abuse of Authority: Stop Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Serrano, Michael Black Male, 63 Abuse of Authority: Failure to provide RTKA card Substantiated (Formalized Training)
Guagenti, Vito Black Male, 63 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)

Conclusion Meanings:

'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.


Penalties

Guagenti, Vito
Command Discipline - B
Command Discipline - B (Vacation: 3 days)

Serrano, Michael
Formalized Training

Summary

At approximately 1:50 a.m. on July 03, 2019, [redacted] and [redacted] were sitting inside the Floridita Restaurant at 3856 10th Avenue in Manhattan when Police Officer Vito Guagenti and Police Officer Michael Serrano, both of the 34th Precinct, walked into the establishment. The officers approached and stopped [redacted] and PO Guagenti asked him for his identification (Allegation A and B: Abuse of Authority: Stop: [redacted] PO Guagenti then proceeded to frisk [redacted] and lift his shirt, exposing his stomach (Allegation C: Abuse of Authority: Frisk: [redacted] and Allegation D: Abuse of Authority: Search: [redacted] PO Guagenti and PO Serrano then left the establishment, but did not provide [redacted] with their business cards (Allegation E and Allegation F: Abuse of Authority: Failure to provide RTKA Card: [redacted] Read report for details.


Details

Incident: July 3, 2019
Received: July 5, 2019
Closed: October 8, 2020

Reason for contact: Other
Location: Commercial building
In NYPD 34th Precinct Manhattan
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected