Complaint #201910281,
November 13, 2019

Officer: Simpson, Andrew
Complainant: Black Female, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Simpson, Andrew
Complainant: Black Female, 15-17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Maria, Emmanuel
Complainant: Black Female, 15-17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Simpson, Andrew
Complainant: Female
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Maria, Emmanuel
Complainant: Black Female, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Maria, Emmanuel
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Giannella, Matthew
Complainant: Female
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Giannella, Matthew
Complainant: Female
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Giannella, Matthew
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Female
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Ducasse, Elaine
Complainant: Female
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer: Ducasse, Elaine
Complainant: Black Female, 10-14
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer: Ducasse, Elaine
Complainant: Black Female, 15-17
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unfounded
Officer: Simpson, Andrew
Complainant: Female
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Maria, Emmanuel
Complainant: Female
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Female, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Female, 10-14
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Maria, Emmanuel
Complainant: Black Female, 10-14
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Giannella, Matthew
Complainant: Female
Allegation: Offensive Language: Gender
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Unknown Officer
Complainant: Black Female, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Female, 10-14
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Giannella, Matthew
Complainant: Black Female, 15-17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Giannella, Matthew
Complainant: Female
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Giannella, Matthew
Complainant: Female
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Female
Allegation: Offensive Language: Gender
CCRB Conclusion: Officer(s) Unidentified
Recategorized as: Offensive Language: Other
Officer: Unknown Officer
Complainant: Black Female, 10-14
Allegation: Offensive Language: Gender
CCRB Conclusion: Officer(s) Unidentified
Recategorized as: Offensive Language: Other
Officer: Unknown Officer
Complainant: Black Female, 15-17
Allegation: Offensive Language: Gender
CCRB Conclusion: Officer(s) Unidentified
Recategorized as: Offensive Language: Other
Officer: Giannella, Matthew
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Female, 10-14
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Simpson, Andrew Black Female, 45-49 Discourtesy: Word Unsubstantiated
Simpson, Andrew Black Female, 15-17 Abuse of Authority: Stop Substantiated (Formalized Training)
Maria, Emmanuel Black Female, 15-17 Abuse of Authority: Stop Substantiated (Formalized Training)
Simpson, Andrew Female Force: Physical force Exonerated
Maria, Emmanuel Black Female, 10-14 Force: Physical force Exonerated
Maria, Emmanuel Female Discourtesy: Word Exonerated
Giannella, Matthew Female Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Giannella, Matthew Female Force: Physical force Exonerated
Giannella, Matthew Female Discourtesy: Word Exonerated
Unknown Officer Female Force: Physical force Officer(s) Unidentified
Ducasse, Elaine Female Abuse of Authority: Strip-searched Unfounded
Ducasse, Elaine Black Female, 10-14 Abuse of Authority: Strip-searched Unfounded
Ducasse, Elaine Black Female, 15-17 Abuse of Authority: Strip-searched Unfounded
Simpson, Andrew Female Abuse of Authority: Stop Substantiated (Formalized Training)
Maria, Emmanuel Female Abuse of Authority: Stop Substantiated (Formalized Training)
Unknown Officer Female Discourtesy: Word Unfounded
Unknown Officer Black Female, 15-17 Discourtesy: Word Unfounded
Unknown Officer Black Female, 10-14 Discourtesy: Word Unfounded
Maria, Emmanuel Black Female, 10-14 Discourtesy: Word Exonerated
Giannella, Matthew Female Offensive Language: Gender Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Unknown Officer Black Female, 15-17 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Female, 10-14 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Female Discourtesy: Word Unfounded
Giannella, Matthew Black Female, 15-17 Abuse of Authority: Stop Substantiated (Formalized Training)
Giannella, Matthew Female Abuse of Authority: Stop Substantiated (Formalized Training)
Giannella, Matthew Female Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Unknown Officer Female Offensive Language: Gender Officer(s) Unidentified
Recategorized as Offensive Language: Other on December 9, 2024
Unknown Officer Black Female, 10-14 Offensive Language: Gender Officer(s) Unidentified
Recategorized as Offensive Language: Other on December 9, 2024
Unknown Officer Black Female, 15-17 Offensive Language: Gender Officer(s) Unidentified
Recategorized as Offensive Language: Other on December 9, 2024
Giannella, Matthew Female Discourtesy: Word Unfounded
Unknown Officer Black Female, 10-14 Discourtesy: Word Officer(s) Unidentified

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.
'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

Giannella, Matthew
Forfeit vacation 5 days
Closed: Plea set aside, Without discipline, May 15, 2024
APU Dismissed

Maria, Emmanuel
No Disciplinary Action-DUP
No penalty

Simpson, Andrew
No Disciplinary Action-DUP
No penalty

Summary

On November 13, 2019, at about 4:13 p.m., at Southern Boulevard and Avenue Saint John in the Bronx, [redacted] and unidentified individuals boarded an MTA bus. Officers boarded the bus and ordered [redacted] [redacted] and the unidentified individuals to "Get the fuck off the bus" (Allegations A-D: Discourtesy: [redacted] PO Andrew Simpson, PO Emmanuel Maria, and PO Matthew Giannella, all of the 40th Precinct stopped [redacted] (Allegations E-J: Abuse of Authority: [redacted] [redacted] and [redacted] PO Maria spoke discourteously toward [redacted] PO Giannella and PO Simpson used physical force against [redacted] (Allegations M-N: Force: [redacted] (Allegation O: Force: [redacted] PO Maria used physical force against [redacted] [redacted] were placed under arrest for assault. [redacted] [redacted] released [redacted] and [redacted] from the rear of a police vehicle which ultimately led to her being placed under arrest for obstructing governmental administration. [redacted] fled from the police vehicle to Avenue Saint John and Fox Street. PO Giannella threatened [redacted] with the use of force (Allegation P: Abuse of Authority: [redacted] An officer allegedly used physical force against [redacted] [redacted] discourteously toward [redacted] (Allegation Q: Force: [redacted] PO Giannella spoke (Allegation R: Discourtesy: [redacted] [redacted] with the use of force (Allegation S: Abuse of Authority: [redacted] PO Giannella allegedly used offensive and discourteous language toward [redacted] (Allegation T-U: Offensive Language, Discourtesy: [redacted] [redacted] [redacted] were transported to the 40th Precinct and [redacted] stationhouse. PO Elaine Ducassee of the 40th Precinct allegedly strip-searched [redacted] [redacted] and [redacted] (Allegations V-X: Abuse of Authority: [redacted] An officer allegedly used offensive and discourteous language toward [redacted] and [redacted] (Allegations Y-AD: Offensive Language: [redacted] PO Simpson allegedly spoke discourteously toward [redacted] [redacted] (Allegation AE:... Read report for details.


Details

Incident: November 13, 2019
Received: November 27, 2019
Closed: November 18, 2021
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Darrien King, Stephanie Sanchez
Body-Worn Camera evidence collected
Video evidence collected