Complaint #201908026,
September 2, 2019

Officer: Scogmanillo, Carl
Complainant: Black Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Baker, Devin
Complainant: Male, 60-64
Allegation: Force: Restricted Breathing
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Not guilty
Officer: Baker, Devin
Complainant: Male, 60-64
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: APU Guilty
Officer: Baker, Devin
Complainant: Male, 60-64
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Baker, Devin
Complainant: Male, 60-64
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Not guilty
Officer: Baker, Devin
Complainant: Male, 60-64
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Not guilty
Officer: Viti, Joseph
Complainant: Male, 60-64
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Viti, Joseph
Complainant: Male, 60-64
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Colon, Jonathan
Complainant: Male, 60-64
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Scogmanillo, Carl
Complainant: Male, 60-64
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Charges)
Officer: Viti, Joseph
Complainant: Male, 60-64
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Collado, Elvis
Complainant: Male, 60-64
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Collado, Elvis
Complainant: Male, 60-64
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Baker, Devin
Complainant: Male, 60-64
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Colon, Elliot
Complainant: Male, 60-64
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Unsubstantiated
Officer: Baker, Devin
Allegation: Untruthful Statement: Misleading official statement
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer Complainant Allegation CCRB Board Conclusion
Scogmanillo, Carl Black Female, 30-34 Force: Physical force Exonerated
Baker, Devin Male, 60-64 Force: Restricted Breathing Substantiated (Charges)
NYPD Disposition: APU Not guilty
Baker, Devin Male, 60-64 Force: Physical force Substantiated (Command Discipline B)
NYPD Disposition: APU Guilty
Baker, Devin Male, 60-64 Force: Chokehold Unsubstantiated
Baker, Devin Male, 60-64 Force: Hit against inanimate object Substantiated (Charges)
NYPD Disposition: APU Not guilty
Baker, Devin Male, 60-64 Force: Hit against inanimate object Substantiated (Charges)
NYPD Disposition: APU Not guilty
Viti, Joseph Male, 60-64 Force: Physical force Exonerated
Viti, Joseph Male, 60-64 Discourtesy: Word Exonerated
Colon, Jonathan Male, 60-64 Force: Physical force Exonerated
Scogmanillo, Carl Male, 60-64 Abuse of Authority: Retaliatory arrest Substantiated (Charges)
Viti, Joseph Male, 60-64 Force: Physical force Exonerated
Collado, Elvis Male, 60-64 Force: Physical force Exonerated
Collado, Elvis Male, 60-64 Force: Physical force Exonerated
Baker, Devin Male, 60-64 Discourtesy: Word Exonerated
Colon, Elliot Male, 60-64 Abuse of Authority: Retaliatory arrest Unsubstantiated
Baker, Devin Untruthful Statement: Misleading official statement Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Abuse of Authority: Other on August 5, 2023

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.
'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

Scogmanillo, Carl
Command Discipline B 10 days
Closed: Plea set aside, Without discipline, January 31, 2024
APU Dismissed

Baker, Devin
Closed: Guilty after trial-PC Approved, February 6, 2024
Forfeit vacation 10 days

Summary

On September 2, 2019, [redacted] was hosting a Labor Day and West Indian Day Parade party at his home, located at [redacted] in Brooklyn. A DJ, [redacted] was playing music in the driveway, and [redacted] neighbors, [redacted] and [redacted] were on the sidewalk and in his driveway listening to the music. At approximately 6:45 p.m., Sgt. Carl Scogmanillo, PO Joseph Viti, PO Jonathan Colon, PO Elvis Collado, PO Joel Moya, and PO Loren Orellana, all of the 67th Precinct (Sgt. Scogmanillo has since been transferred to the Training Bureau), arrived at the location. Sgt. Scogmanillo approached [redacted] who immediately turned off the music. [redacted] approached, and Sgt. Scogmanillo asked him for his ID so that he could issue him a summons. When [redacted] refuse to provide his ID to Sgt. Scogmanillo, Sgt. Scogmanillo told PO Viti and PO Collado to place [redacted] under arrest for obstruction of governmental administration (OGA) (Allegation A: Abuse of Authority - Retaliatory Arrest, [redacted]). PO Viti and PO Collado took [redacted] by the arms and put one handcuff on his right wrist (Allegations B and C, Force – Physical force, [redacted]). While placing [redacted] into handcuffs, PO Viti told [redacted] "Give me your fucking hands!" (Allegation D: Discourtesy - Word, [redacted]). Lieutenant Kevon Sample, of the 19th Precinct, who had been in the vicinity all day, intervened and instructed PO Colon and PO Viti to release [redacted]. Lieutenant Sample obtained [redacted] ID, gave it to Sgt. Scogmanillo, and told Sgt. Scogmanillo to issue [redacted] a summons. Sgt. Scogmanillo disagreed with Lieutenant Sample, so he contacted his immediate supervisor. Within a few minutes, Inspector Elliot Colon and Det. Devin Baker, also of the 67th Precinct, arrived at the location. Sgt. Scogmanillo told Inspector Colon that he had probable cause to arrest [redacted] and Inspector Colon agreed (Allegation E: Abuse of Authority – Retaliatory Arrest, [redacted]).
Sgt. Scogmanillo decided to proceed with arresting [redacted] so... Read report for details.


Details

Incident: September 2, 2019
Received: September 12, 2019
Closed: August 30, 2021
Last Updated: October 2, 2025

Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 67th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Joel Moya, Loren Orellana, Kevon Sample
Body-Worn Camera evidence collected
Video evidence collected