Complaint #202004301,
June 4, 2020

Officer: Unknown Officer
Allegation: Discourtesy: Action
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Female, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Counihan, Steven
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Counihan, Steven
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Centore, Stephen
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Stevens, Antony
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Soberal, Isaac
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Dym, Eric
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Dym, Eric
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Migliaccio, John
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Migliaccio, John
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Dym, Eric
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Mellusi, Adam
Complainant: Black Male, 35-39
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Charges)
Officer: Mellusi, Adam
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Charges)
Officer: Mccloud, Malik
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Mccloud, Malik
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Dym, Eric
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Complainant Unavailable
Officer: Dym, Eric
Allegation: Untruthful Statement: False official statement
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Discourtesy: Action Officer(s) Unidentified
Unknown Officer Male Abuse of Authority: Threat of arrest Officer(s) Unidentified
Unknown Officer Female, 30-34 Discourtesy: Word Officer(s) Unidentified
Counihan, Steven Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Counihan, Steven Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Centore, Stephen Discourtesy: Action Substantiated (Command Discipline A)
Stevens, Antony Discourtesy: Word Substantiated (Command Discipline A)
Soberal, Isaac Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Dym, Eric Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Dym, Eric Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Migliaccio, John Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Migliaccio, John Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Dym, Eric Black Male, 30-34 Force: Physical force Exonerated
Unknown Officer Discourtesy: Word Officer(s) Unidentified
Unknown Officer Force: Physical force Officer(s) Unidentified
Mellusi, Adam Black Male, 35-39 Force: Hit against inanimate object Substantiated (Charges)
Mellusi, Adam Force: Hit against inanimate object Substantiated (Charges)
Mccloud, Malik Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Mccloud, Malik Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Dym, Eric Force: Nightstick as club (incl asp & baton) Complainant Unavailable
Dym, Eric Untruthful Statement: False official statement Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Abuse of Authority: Other on August 5, 2023

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.
'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

Mellusi, Adam
Closed: Not guilty after trial-PC Approved, May 9, 2023
APU Not guilty

Dym, Eric
Forfeit vacation 15 days
Closed: Resolved by plea, September 14, 2022
APU Guilty
Forfeit vacation 15 days

Soberal, Isaac
Closed: Retained, with discipline, December 23, 2022
APU Closed: Retained, with discipline
Forfeit vacation 10 days

Counihan, Steven
Forfeit vacation 15 days
Closed: Plea set aside, Comm. Disc. B, June 25, 2024
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Mccloud, Malik
Closed: MOS Retired, April 22, 2022
APU Closed: MOS Retired

Migliaccio, John
Forfeit vacation 15 days
Closed: Plea set aside, Without discipline, October 19, 2023
APU Dismissed
Dismissed

Summary

On June 4, 2020, at approximately 7:56 p.m., in the vicinity of 136th Street and Brook Avenue in the Bronx, [redacted] was protesting police brutality with at least one hundred additional individuals. Numerous officers from SRG commands formed a "fence line" with their bicycles along 136th Street, blocking the protesters from moving onto Brook Avenue. The officers, including PO Antony Stevens of SRG4, under the supervision of Lieutenant Adam Mellusi, of SRG 2, picked up their bikes, pushed them forward into the crowd, hit individuals including [redacted] and put their bikes down (Allegations A and B: Force (Hit against inanimate object): [redacted]). Lieutenant Eric Dym, Sergeant Steven Counihan, PO John Migliaccio, all of PSA 7, as well as PO Malik McCloud of the 40th Precinct, climbed on top of a civilian's vehicle on the street, causing damage to the vehicle's windshield, and began swinging their batons and hitting protesters within the crowd, including [redacted] (Allegations C, D, E, and F-Abuse of Authority (Property Damage): [redacted]; Allegation G, I, J, and K— Force (Nightstick as club): [redacted]). During this action, Lieutenant Dym also allegedly struck [redacted] with a baton Allegation H -Abuse of Authority —Force (Nightstick as club): [redacted]. Captain Isaac Soberal, of the 40th Precinct, approached a woman who was standing on the sidewalk and pushed her in the chest using his baton causing her to fall to the ground (Allegation L-Force: [redacted]). Lieutenant Dym pushed [redacted] on his back towards another officer who handcuffed him (Allegation M—Force (push): [redacted]). A protester in handcuffs asked PO Centore to adjust her mask and he took her mask and put it over her eyes (Allegation N—Discourtesy (Action): [redacted]). PO Stevens said to a protester, "How many cops you told to suck a dick?" (Allegation O—Discourtesy (Word): [redacted]). An officer allegedly asked [redacted], "Do you want to get arrested too?" (Allegation P— Abuse of Authority (Threat of arrest): [redacted]). Officers... Read report for details.