Complaint #202002344,
February 23, 2020

Officer: Barbieri, Jillian
Complainant: Female, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Demarino, Michael
Complainant: Female, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Capoziello, Nikolas
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Barbieri, Jillian
Complainant: Female, 55-59
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Capoziello, Nikolas
Complainant: Female, 55-59
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Capoziello, Nikolas
Complainant: Female, 55-59
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Unsubstantiated
Officer: Barbieri, Jillian
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Barbieri, Jillian
Complainant: Female, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Demarino, Michael
Complainant: Female, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Demarino, Michael
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Damiani, Steven
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Barbieri, Jillian
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Capoziello, Nikolas
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Fecker, Michelle
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Spotts, Christopher
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Insignares, Orlando
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Saville, Samantha
Complainant: Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Demarino, Michael
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Damiani, Steven
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Capoziello, Nikolas
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Fecker, Michelle
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Spotts, Christopher
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Insignares, Orlando
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Saville, Samantha
Complainant: Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Saville, Samantha
Complainant: Female, 55-59
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Barbieri, Jillian Female, 55-59 Force: Physical force Exonerated
Demarino, Michael Female, 55-59 Force: Physical force Miscellaneous - Subject Resigned
Capoziello, Nikolas Female, 55-59 Abuse of Authority: Entry of Premises Unsubstantiated
Barbieri, Jillian Female, 55-59 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Capoziello, Nikolas Female, 55-59 Abuse of Authority: Threat to damage/seize property Unsubstantiated
Capoziello, Nikolas Female, 55-59 Abuse of Authority: Threat re: removal to hospital Unsubstantiated
Barbieri, Jillian Female, 55-59 Abuse of Authority: Entry of Premises Exonerated
Barbieri, Jillian Female, 55-59 Force: Physical force Unfounded
Demarino, Michael Female, 55-59 Force: Physical force Miscellaneous - Subject Resigned
Demarino, Michael Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Miscellaneous - Subject Resigned
Damiani, Steven Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Exonerated
Barbieri, Jillian Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Exonerated
Capoziello, Nikolas Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Exonerated
Fecker, Michelle Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Exonerated
Spotts, Christopher Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Exonerated
Insignares, Orlando Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Exonerated
Saville, Samantha Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Exonerated
Demarino, Michael Female, 55-59 Abuse of Authority: Entry of Premises Miscellaneous - Subject Resigned
Damiani, Steven Female, 55-59 Abuse of Authority: Entry of Premises Exonerated
Capoziello, Nikolas Female, 55-59 Abuse of Authority: Entry of Premises Exonerated
Fecker, Michelle Female, 55-59 Abuse of Authority: Entry of Premises Exonerated
Spotts, Christopher Female, 55-59 Abuse of Authority: Entry of Premises Exonerated
Insignares, Orlando Female, 55-59 Abuse of Authority: Entry of Premises Exonerated
Saville, Samantha Female, 55-59 Abuse of Authority: Entry of Premises Exonerated
Saville, Samantha Female, 55-59 Abuse of Authority: Search (of person) 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

Barbieri, Jillian
Formalized Training
Closed: Resolved by plea, October 2, 2023
APU Formalized Training
Formalized Training

Saville, Samantha
Formalized Training
Closed: Resolved by plea, October 2, 2023
APU Formalized Training
Formalized Training

Summary

On February 23, 2020, at 7:55 p.m., [redacted] called 911 from her home [redacted] to report someone continuously breaking into her home. She did not request for police but asked for Detective Cooper of the 105th Precinct. At approximately 8:20 p.m., PO Spotts and PO Saville, PO Insignares, PO Capoziello, PO Barbieri, PO Fecker, PO Demiani, and PO Demarino, all of the 105th Precinct, arrived on scene. At one point, [redacted] closed her door on the officers, and PO Capoziello said to [redacted] that if she did not open her door, they would break it down (Allegation A: Abuse of Authority – Threat to damage property, [redacted]). [redacted] opened her door and PO Capoziello threatened to remove [redacted] to the hospital if she did not speak with EMTs (Allegation B: Abuse of Authority: Threat of removal to hospital, [redacted]). PO Capoziello then stuck his foot in her doorway preventing her from closing it (Allegation C: Abuse of Authority – Entry of premises, [redacted]). At approximately 8:30 p.m., one of the EMTs determined that [redacted] needed to go to the hospital. All eight officers oversaw [redacted]'s removal to the hospital (Allegation D: Abuse of Authority – Forcible removal to hospital, [redacted]) (Allegations E-K: Abuse of Authority – Forcible removal to hospital, [redacted]). All eight officers entered [redacted]'s home to do so (Allegation L: Abuse of Authority – Entry of premises, [redacted]) (Allegations M-S: Abuse of Authority – Entry of premises, [redacted]). [redacted] did not comply with officer commands and PO Barbieri and PO Demarino used force to place [redacted] in handcuffs (Allegation T: Force – Physical force, [redacted]) (Allegation U: Force: - Physical force, [redacted]). While placing [redacted] in handcuffs, PO Barbieri and PO Demarino allegedly cut her back, left side, chest, and throat (Allegation V: Force: - Physical force, [redacted]) (Allegation W: Force - Physical force, [redacted]). Before placing her in the ambulance, PO Barbieri and PO Saville searched [redacted]'s coat... Read report for details.


Details

Incident: February 23, 2020
Received: March 25, 2020
Closed: February 28, 2022

Reason for contact: EDP aided case
Location: Apartment/house
In NYPD 105th Precinct Queens
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected