Complaint #202003240,
May 2, 2020

Officer: Unknown Officer
Complainant: Male, 18-20
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Napolitano, Michael
Complainant: Male, 18-20
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Napolitano, Michael
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Napolitano, Michael
Complainant: Black Female, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Napolitano, Michael
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Napolitano, Michael
Complainant: Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Melendez, Matthew
Complainant: Black Male, 18-20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Melendez, Matthew
Complainant: Black Male, 18-20
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Melendez, Matthew
Complainant: Black Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Melendez, Matthew
Complainant: Black Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Napolitano, Michael
Complainant: Male, 18-20
Allegation: Force: Restricted Breathing
CCRB Conclusion: Substantiated (Charges)
Officer: Napolitano, Michael
Complainant: Male, 18-20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Napolitano, Michael
Complainant: Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Melendez, Matthew
Complainant: Black Male, 18-20
Allegation: Offensive Language: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Feraca, Christian
Complainant: Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Napolitano, Michael
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Perez, Stephanie
Complainant: Male, 18-20
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Napolitano, Michael
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Officer: Napolitano, Michael
Allegation: Untruthful Statement: False official statement
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Napolitano, Michael
Complainant: Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Napolitano, Michael
Complainant: Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Jaffe, Derek
Complainant: Male, 18-20
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Male, 18-20 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Napolitano, Michael Male, 18-20 Force: Chokehold Substantiated (Charges)
Napolitano, Michael Black Male, 40-44 Discourtesy: Word Substantiated (Command Discipline A)
Napolitano, Michael Black Female, 35-39 Discourtesy: Word Substantiated (Command Discipline A)
Napolitano, Michael Black Male, 40-44 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Napolitano, Michael Male, 18-20 Force: Physical force Substantiated (Command Discipline B)
Melendez, Matthew Black Male, 18-20 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Melendez, Matthew Black Male, 18-20 Force: Gun Pointed Unsubstantiated
Melendez, Matthew Black Male, 18-20 Discourtesy: Word Substantiated (Command Discipline A)
Melendez, Matthew Black Male, 18-20 Discourtesy: Word Substantiated (Command Discipline A)
Napolitano, Michael Male, 18-20 Force: Restricted Breathing Substantiated (Charges)
Napolitano, Michael Male, 18-20 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Napolitano, Michael Male, 18-20 Discourtesy: Word Substantiated (Command Discipline A)
Melendez, Matthew Black Male, 18-20 Offensive Language: Other Substantiated (Charges)
Feraca, Christian Male, 18-20 Discourtesy: Word Unsubstantiated
Napolitano, Michael Abuse of Authority: Refusal to provide shield number Substantiated (Command Discipline A)
Perez, Stephanie Male, 18-20 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Napolitano, Michael Untruthful Statement: Misleading official statement Substantiated (Charges)
Napolitano, Michael Untruthful Statement: False official statement Substantiated (Charges)
Unknown Officer Black Male, 18-20 Force: Gun Pointed Unsubstantiated
Napolitano, Michael Male, 18-20 Force: Physical force Substantiated (Command Discipline B)
Napolitano, Michael Male, 18-20 Force: Physical force Substantiated (Command Discipline B)
Jaffe, Derek Male, 18-20 Abuse of Authority: Refusal to obtain medical treatment Unfounded

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

Melendez, Matthew
Closed: Charges not served, August 2, 2023
APU Closed: Charges not served

Napolitano, Michael
Closed: Charges not served, August 3, 2023
APU Closed: Charges not served

Summary

On May 2, 2020, at approximately 5:00p.m., [redacted] was inside Brower Park in Brooklyn and saw officers, including Police Officer Matthew Melendez of the 77th Precinct, point their guns at [redacted] (Allegations A and B: Force, [redacted]). PO Melendez also pointed his taser at [redacted] (Allegation C: Abuse of Authority, [redacted]). As officers were escorting [redacted] out of the park, Police Officers Michael Napolitano and Malcom Brissettortiz of the 77th Precinct turned around and approached [redacted]. PO Napolitano used a chokehold against [redacted] to bring him to the ground, and while doing so, restricted [redacted] breathing (Allegations D, E and F: Force, [redacted]). Once on the ground, PO Napolitano punched [redacted], placed his hands on the back of [redacted] head and pushed his face into the ground (Allegations G and H: Force, [redacted]). While officers were arresting [redacted] inside the park, PO Melendez was placing [redacted] in the back of a police vehicle and said that [redacted] was, "playing fucking stupid" (Allegation I: Discourtesy, [redacted]). [redacted] allegedly kicked PO Melendez in the face and in response, PO Melendez asked [redacted] if he was "fucking retarded" and made several other profane remarks (Allegation J: Discourtesy, [redacted] Allegation K: Offensive Language, [redacted]). While [redacted] was being escorted out of the park, an unidentified individual requested PO Napolitano's shield number, which he refused to provide (Allegation L: Abuse of Authority, [redacted]). Once [redacted] was placed inside a police vehicle, Police Officer Christian Feraca said to [redacted], "Stop fucking spitting. No fucking spitting in here" (Allegation M: Discourtesy, [redacted]). [redacted] was transported back to the 77th Precinct stationhouse where PO Napolitano said to him, "If I see you again, I'm going to fucking crack you again" (Allegation N: Discourtesy, [redacted] Allegation O: Abuse of Authority; [redacted]). While at the stationhouse, [redacted] allegedly requested... Read report for details.


Details

Incident: May 2, 2020
Received: May 13, 2020
Closed: April 21, 2022

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Park
In NYPD 77th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Malcolm Brissettortiz
Body-Worn Camera evidence collected
Video evidence collected