Complaint #201908640,
September 3, 2019

Officer: Bentivegna, Anthony
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Anzalone, Rudy
Complainant: Black Female, 35-39
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Anzalone, Rudy
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Unsubstantiated
Officer: Anzalone, Rudy
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Anzalone, Rudy
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Bentivegna, Anthony
Complainant: Black Female, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Bentivegna, Anthony
Complainant: Black Female, 35-39
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Bentivegna, Anthony Black Male, 40-44 Abuse of Authority: Refusal to show search warrant Unsubstantiated
Unknown Officer Black Male, 18-20 Abuse of Authority: Refusal to provide name Unfounded
Unknown Officer Black Male, 18-20 Abuse of Authority: Refusal to provide shield number Unfounded
Anzalone, Rudy Black Female, 35-39 Abuse of Authority: Refusal to show search warrant Substantiated (Command Discipline A)
Anzalone, Rudy Black Male, 40-44 Abuse of Authority: Refusal to show search warrant Unsubstantiated
Anzalone, Rudy Abuse of Authority: Entry of Premises Exonerated
Anzalone, Rudy Abuse of Authority: Search of Premises Exonerated
Bentivegna, Anthony Black Female, 35-39 Discourtesy: Word Unsubstantiated
Bentivegna, Anthony Black Female, 35-39 Abuse of Authority: Refusal to show search warrant Substantiated (Command Discipline A)

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.
'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

Bentivegna, Anthony
No Disciplinary Action-DUP
No penalty

Anzalone, Rudy
No Disciplinary Action-DUP
No penalty

Summary

On September 3, 2019, at around 5:15 a.m., officers, including Detective Rudy Anzalone and Detective Steven Lopez of the Central Intelligence Section, Captain Anthony Bentivegna of Patrol Borough Staten Island, and Emergency Services Unit officers, entered [redacted] in Staten Island. At the time, [redacted]'s brother, [redacted] was also in the apartment. The officers searched the apartment, pointed their guns at [redacted] and ordered the occupants not to "fucking move" (Allegations A and B: Abuse of Authority, [redacted] and [redacted]). [redacted] asked to see the search warrant, but it was not shown to them (Allegations C and D: Abuse of Authority, [redacted]; Allegations E and F: Abuse of Authority, [redacted]). [redacted] requested the officers' names and shield numbers, but the officers did not provide the requested information (Allegations G and H: Abuse of Authority, [redacted]). [redacted] and [redacted] were arrested and transported from the scene.
[redacted] was ultimately not charged with a crime and was released on [redacted] (Board Review 44). On [redacted] pled guilty to Criminal Possession of a Controlled Substance in the Third Degree and was sentenced to two years imprisonment (Board Review 49).
On September 8, 2019, [redacted] was walking down Broad Street in Staten Island towards the bus stop at the corner of Broad Street and Tompkins Avenue, when an unmarked police van drove by and slowed down alongside her. Recognizing the officers from the earlier interaction, [redacted] told them that they arrested the wrong person. Captain Bentivegna said through the open window, "Shut up, you're lucky I haven't locked you back up." (Allegation I: Discourtesy, [redacted]). Read report for details.


Details

Incident: September 3, 2019
Received: October 1, 2019
Closed: August 30, 2021

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 120th Precinct Staten Island
Outcome: Arrest - other violation/crime

Witness Officers: Matthew Brucato, Allen Haynes, Adrian Klusek, Steven Lopez, Fiona Oneill, Vincent Reres, Christopher Serio, Christophe Urcinoli, Thomas Woods
Body-Worn Camera evidence collected