Complaint #201909062,
October 15, 2019

Officer: Morgan, Kevin
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Morgan, Kevin
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Morgan, Kevin
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Plumitallo, John
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Plumitallo, John
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Plumitallo, John
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Plumitallo, John
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Morgan, Kevin Black Male, 30-34 Abuse of Authority: Stop Unsubstantiated
Morgan, Kevin Black Male, 30-34 Discourtesy: Word Substantiated (Command Discipline B)
Morgan, Kevin Black Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Plumitallo, John Black Male, 30-34 Abuse of Authority: Stop Unsubstantiated
Plumitallo, John Black Male, 30-34 Abuse of Authority: Frisk Unsubstantiated
Plumitallo, John Black Male, 30-34 Abuse of Authority: Search (of person) Unsubstantiated
Plumitallo, John Black Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

Conclusion Meanings:

'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

Morgan, Kevin
Forfeit vacation 13 days
Closed: Resolved by plea, August 19, 2022
APU Guilty
Forfeit vacation 13 days

Plumitallo, John
No Disciplinary Action-DUP
No penalty

Summary

On October 15, 2019, at approximately 8:15 p.m., on New Lotts Avenue between Essex Street and Linwood Street in Brooklyn, Mr. [redacted] was walking on the sidewalk when he observed PO Kevin Morgan and PO John Plumitallo of the 75th Precinct in an unmarked black Chevrolet Impala. (PO Morgan has since been transferred to the 75th Precinct detective squad). Mr. [redacted] recognized that these were police officers because he had seen plainclothes officers driving around the neighborhood in this type of vehicle before. Mr. [redacted] crossed the crosswalk in front of PO Morgan and PO Plumitallo, turned around and looked at them, and continued walking. PO Morgan and PO Plumitallo exited the vehicle and stopped Mr. [redacted] (Allegation A and B: Abuse of Authority – Stop, unsubstantiated). PO Plumitallo frisked Mr. [redacted] (Allegation C: Abuse of Authority – Frisk, unsubstantiated) and allegedly searched his pocket (Allegation D: Abuse of Authority - Search (of person), unsubstantiated). The officers informed Mr. [redacted] that they had to make sure he did not have a gun on him because his wallet had created a bulge.
Mr. [redacted] continued to discuss the stop with the officers during which PO Morgan told Mr. [redacted] that he needed to educate himself and called him "stupid, uneducated, ignorant, and dumb," (Allegation E: Discourtesy – Word, substantiated). At the end of the incident, PO Morgan and PO Plumitallo failed to provide Mr. [redacted] with a business card (Allegation F and G: Abuse of Authority – Failure to provide RTKA card, substantiated).
PO Plumitallo did not make a memo book entry in regard to this incident (Allegation H: Other misconduct – Failure to prepare a memo book entry). Neither PO Morgan nor PO Plumitallo filled out a stop report (Allegation I and J: Other misconduct – Failure to produce a stop and frisk report). Both PO Morgan and PO Plumitallo prematurely disengaged their body-worn cameras (Allegation K and L: Other misconduct – Improper use of body-worn camera).
This incident... Read report for details.


Details

Incident: October 15, 2019
Received: October 16, 2019
Closed: October 20, 2021

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected