Complaint #202002863,
April 22, 2020

Officer: Santomero, Nicholas
Complainant: Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Santomero, Nicholas
Complainant: Male, 21-24
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Santomero, Nicholas
Complainant: Male, 21-24
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Charges)
Officer: Kelly, Paul
Complainant: Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Santomero, Nicholas Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Santomero, Nicholas Male, 21-24 Abuse of Authority: Seizure of property Exonerated
Santomero, Nicholas Male, 21-24 Force: Gun Pointed Substantiated (Charges)
Kelly, Paul Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated

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.


Penalty

Santomero, Nicholas
Closed: Charges not served, July 28, 2023
APU Closed: Charges not served

Summary

On April 22nd, 2021, at approximately 4:00pm, [redacted] was alone driving his white BMW [redacted] near Burke Avenue and Paulding Avenue in the Bronx. Police Officers Nicholas Santomero and Paul Kelly, of the 47th Precinct, stopped [redacted] vehicle. Police Officers Alexis Melo, Rashawn Merrick, and Kelvin Guillen, also of the 47th Precinct, arrived moments later for assistance. PO Santomero allegedly pointed his gun at [redacted] (Allegation A: Force, [redacted]) [redacted] was removed from the vehicle and handcuffed. [redacted] told PO Santomero that if PO Santomero were not wearing a shield that [redacted] would "slap the shit out of him" and PO Santomero then allegedly told [redacted] he would "take [his shield] off" (Allegation B: Abuse of Authority, [redacted]) [redacted] was placed under arrest for misdemeanor reckless driving, window tints, and failure to yield to an emergency vehicle and transported to the 47th Precinct stationhouse. PO Santomero removed [redacted] vehicle to the stationhouse (Allegation C: Abuse of Authority, [redacted]). At the 47th Precinct stationhouse, PO Kelly allegedly told [redacted] "Hey big man, we get off at 10:00 – scratch that, we get off at 9:45, we'll see you at 9:45" (Allegation D: Abuse of Authority, [redacted]).
[redacted] was released from the 47th Precinct stationhouse with summonses for misdemeanor reckless driving, window tints, and failure to yield to an emergency vehicle (BR 01-05). Read report for details.


Details

Incident: April 22, 2020
Received: April 24, 2020
Closed: March 30, 2022

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Rashawn Merrick
Body-Worn Camera evidence collected