Complaint #201907825,
September 2, 2019

Officer: Moussa, James
Complainant: Black Male, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Moussa, James
Complainant: Black Male, 35
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Barbee, James
Complainant: Black Male, 35
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Rivera, Mark
Complainant: Black Male, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Frasca, Tommaso
Complainant: Black Male, 35
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Conclusion
Moussa, James Black Male, 35 Discourtesy: Word Unsubstantiated
Moussa, James Black Male, 35 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Command Lvl Instructions)
Barbee, James Black Male, 35 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Command Lvl Instructions)
Rivera, Mark Black Male, 35 Discourtesy: Word Unfounded
Frasca, Tommaso Black Male, 35 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Command Lvl Instructions)

Conclusion Meanings:

'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

Barbee, James
Formalized Training

Frasca, Tommaso
Formalized Training

Moussa, James
Formalized Training

Summary

On September 2, 2019, [redacted] was in his residence at [redacted] in Staten Island. [redacted] was involved in a dispute with fellow resident [redacted] and [redacted] called the police alleging that [redacted] had illegally evicted him. Police Officer James Moussa and Police Officer James Barbee of the 121st Precinct responded, and Police Officer Moussa allegedly told [redacted] there would be a "fucking problem," if he did not let [redacted] back into his apartment (Allegation A: Discourtesy – Word, unsubstantiated). Police Officer Moussa called Sergeant Mark Rivera of the 121st Precinct to the scene, who arrived on scene accompanied by Police Officer Tommaso Frasca of the 121st Precinct. Sergeant Rivera determined that [redacted] was to be placed under arrest, and then allegedly told Police Officer Moussa and Police Officer Barbee to, "Put him in the fucking car" (Allegation B: Discourtesy – Word, unfounded).
While [redacted] was being driven to the 121st Precinct stationhouse he allegedly requested medical attention from Police Officer Moussa and Police Officer Barbee, but neither officer reported this request or provided [redacted] with medical attention (Allegation C: Abuse of Authority – Refusal to obtain medical treatment, substantiated) (Allegation D: Abuse of Authority – Refusal to obtain medical treatment, substantiated). [redacted] was placed into a holding cell at the 121st Precinct stationhouse and remained there for a period of several hours. At approximately 10:55 p.m. on September 2, 2019, Police Officer Tommaso Frasca entered the holding cell area and spoke to [redacted] and [redacted] allegedly requested that Police Officer Frasca provide him with medical attention. Police Officer Frasca did not report this request for medical attention and did not provide [redacted] with medical attention (Allegation E: Abuse of Authority – Refusal to obtain medical treatment, substantiated). Read report for details.


Details

Incident: September 2, 2019
Received: September 3, 2019
Closed: December 17, 2020

Reason for contact: Report-dispute
Location: Apartment/house
Outcome: Arrest - other violation/crime

Witness Officers: Jonathan Bass, James Besignano, Darya Hanley, Aroosa Yasin
Body-Worn Camera evidence collected
Video evidence collected