Complaint #201906066, June 2019

Incident: June 19, 2019
Received: July 11, 2019
Closed: June 30, 2021

Updated: March 16, 2024


Documents:
Complaint Closing Report
NYPD Departure Letter (Joshua Acosta)

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Kerine Bunsie, David Chung, Melvin Clarke, Charles Minch, Alex Morocho, Daniel Palminteri, Nicholas Prisco, Roberto Stultz
Officer: Xylas, Mark
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Xylas, Mark
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Acosta, Joshua
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guthrie, Alvin
Complainant: Black Male, 21-24
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Not guilty
Officer: Xylas, Mark
Complainant: Black Male, 21-24
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Guthrie, Alvin
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: APU Guilty
Officer: Leocadio, Jena
Complainant: Black Male, 65-69
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Xylas, Mark
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Charges)
Officer: Xylas, Mark
Complainant: Black Male, 65-69
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Black Male, 65-69
Allegation: Force: Gun Pointed
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Brar, Sukhdeep
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Xylas, Mark Abuse of Authority: Search of Premises Substantiated (Charges)
Xylas, Mark Abuse of Authority: Entry of Premises Substantiated (Charges)
Acosta, Joshua Black Male, 21-24 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Guthrie, Alvin Black Male, 21-24 Force: Gun Pointed Substantiated (Charges)
NYPD Disposition: APU Not guilty
Xylas, Mark Black Male, 21-24 Force: Gun Pointed Unfounded
Guthrie, Alvin Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
NYPD Disposition: APU Guilty
Leocadio, Jena Black Male, 65-69 Discourtesy: Word Unsubstantiated
Xylas, Mark Black Male, 21-24 Abuse of Authority: Property damaged Substantiated (Charges)
Xylas, Mark Black Male, 65-69 Abuse of Authority: Property damaged Substantiated (Charges)
Unknown Officer Black Male, 65-69 Force: Gun Pointed Unfounded
Unknown Officer Black Male, 21-24 Force: Physical force Officer(s) Unidentified
Brar, Sukhdeep Black Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated

Penalties

Xylas, Mark
Closed: Not guilty after trial, March 2024
APU Not guilty

Acosta, Joshua
Formalized Training

Guthrie, Alvin
Closed: Guilty after trial, March 2024
Forfeit vacation 3 days


Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.