Complaint #201906066,
June 19, 2019

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 Investigator Recommendation: Exonerated
CCRB Board 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 Investigator Recommendation: Exonerated
CCRB Board 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 Board 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)
CCRB Investigator Recommendation: Exonerated
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
CCRB Investigator Recommendation: Exonerated
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

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct 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' - 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

Xylas, Mark
Closed: Not guilty after trial-PC Approved, March 14, 2024
APU Not guilty

Acosta, Joshua
Formalized Training

Guthrie, Alvin
Closed: Guilty after trial-PC Approved, March 14, 2024
Forfeit vacation 3 days

Summary

On June 19, 2019, at approximately 3:00pm, [redacted] entered his home, located at [redacted] in Brooklyn, through the front door and went to the bathroom. While [redacted] was inside the bathroom, multiple officers from the 79th Precinct pointed their firearms toward [redacted] (Allegation A – Force: Gun Pointed, [redacted]) Sgt. Xylas proceeded to forcibly open and enter through the front door of [redacted] (Allegation B – Abuse of authority: Property Damage, [redacted]) (Allegation C – Abuse of Authority: Entry of Premises, [redacted]) (Allegation D – Abuse of Authority: Search of Premises, [redacted]) Sgt. Xylas walked upstairs to the second floor and kicked down a door to a bedroom to search for [redacted] (Allegation E – Abuse of Authority: Property Damage, [redacted]) During the time of the entry, [redacted] heard PO Jena Leocadio from the 79th Precinct ask [redacted] "Where the fuck is he at?" (Allegation F – Discourtesy: Word, [redacted]).
[redacted] unlocked the bathroom door, opened it, and stepped out with his hands up. PO Sukhdeep Singh from the 79th Precinct pointed a taser toward [redacted] chest as the door opened (Allegation G – Abuse of Authority: Threat of force, [redacted]) Sgt. Xylas and PO Guthrie pointed firearms toward [redacted] in the bathroom as PO Guthrie instructed [redacted] to come out and get on the ground (Allegation H: Force: Gun Pointed, [redacted]) (Allegation I – Force: Gun Pointed, [redacted]). As soon as [redacted] exited the bathroom, officers grabbed and held him down on the floor (Allegation J – Force: Physical Force, [redacted]).
PO Guthrie searched a cabinet and the location around the bathroom for a gun before he left the house (Allegation K – Search of premises, [redacted]) PO Acosta from the 79th Precinct searched a room with multiple bags for a gun before he left the house (Allegation L – Search of Premises, [redacted]). Read report for details.


Details

Incident: June 19, 2019
Received: July 11, 2019
Closed: June 30, 2021
Last Updated: October 2, 2025

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
Body-Worn Camera evidence collected