Complaint from June 4, 2020

Case number 202004301
Incident: June 4, 2020
Received: June 15, 2020
Closed: February 9, 2022

Documents:
APU Quarterly Report summary (Malik Mccloud)
APU Quarterly Report summary (Eric Dym)
APU Quarterly Report summary (Isaac Soberal)
NYPD Case Retained Letter (Isaac Soberal)

Witness Officers: Michael Ashford, Kendall Austin, Hugo Batista, Manuel Bordoy, Jason Brown, Derek Bruno, Christopher Catalano, John Dadamo, Orvin Feliciano, Beau Fesmire, Dennis Gannon, Leonel Giron, Erik Green, Miguel Gutierrez, Harry Kerr, Kenneth Lehr, Iran Lopezmaceda, Joel Martinez, Eduardo Mejia, David Miller, Terence Monahan, Xavier Morales, Thomas Mosher, Casean Murray, Matthew Obrien, Jarvis Onabanjo, Thomas Pecorella, Anthony Perez, Sylburn Peterkin, Joseph Petrino, Anthony Polanco, Paul Rau, Gregory Reisert, Nicholas Rios, Rudolph Rosado, Sindy Sanchez, Jorge Santiago, Kenneth Scarola, Granit Shaba, Michael Sheehan, Joseph Taylor, Omar Tejada, Mauricio Thomas, Julio Veras, Bryan Wilson, Christopher Zappoli
Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

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 White Male
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Substantiated (Charges)
Officer:	Counihan, Steven White Male
Allegation:	Abuse of Authority: Property damaged
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Centore, Stephen White Male
Allegation:	Discourtesy: Action
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Stevens, Antony Black Male
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Soberal, Isaac Hispanic Male
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Substantiated (Charges)
Officer:	Dym, Eric White Male
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Substantiated (Charges)
Officer:	Dym, Eric White Male
Allegation:	Abuse of Authority: Property damaged
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Migliaccio, John White Male
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Substantiated (Charges)
Officer:	Migliaccio, John White Male
Allegation:	Abuse of Authority: Property damaged
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Dym, Eric White Male
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 White Male
Complainant:	Black Male, 35-39
Allegation:	Force: Hit against inanimate object
CCRB Conclusion:	Substantiated (Charges)
Officer:	Mellusi, Adam White Male
Allegation:	Force: Hit against inanimate object
CCRB Conclusion:	Substantiated (Charges)
Officer:	Mccloud, Malik Black Male
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Substantiated (Charges)
Officer:	Mccloud, Malik Black Male
Allegation:	Abuse of Authority: Property damaged
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Dym, Eric White Male
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Complainant Unavailable
Officer:	Dym, Eric White Male
Allegation:	Untruthful Statement: False official statement
CCRB Conclusion:	Unsubstantiated

Officer	Complainant	Allegation	CCRB 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 White Male		Force: Nightstick as club (incl asp & baton)	Substantiated (Charges)
Counihan, Steven White Male		Abuse of Authority: Property damaged	Substantiated (Command Discipline B)
Centore, Stephen White Male		Discourtesy: Action	Substantiated (Command Discipline A)
Stevens, Antony Black Male		Discourtesy: Word	Substantiated (Command Discipline A)
Soberal, Isaac Hispanic Male		Force: Nightstick as club (incl asp & baton)	Substantiated (Charges)
Dym, Eric White Male		Force: Nightstick as club (incl asp & baton)	Substantiated (Charges)
Dym, Eric White Male		Abuse of Authority: Property damaged	Substantiated (Command Discipline B)
Migliaccio, John White Male		Force: Nightstick as club (incl asp & baton)	Substantiated (Charges)
Migliaccio, John White Male		Abuse of Authority: Property damaged	Substantiated (Command Discipline B)
Dym, Eric White Male	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 White Male	Black Male, 35-39	Force: Hit against inanimate object	Substantiated (Charges)
Mellusi, Adam White Male		Force: Hit against inanimate object	Substantiated (Charges)
Mccloud, Malik Black Male		Force: Nightstick as club (incl asp & baton)	Substantiated (Charges)
Mccloud, Malik Black Male		Abuse of Authority: Property damaged	Substantiated (Command Discipline B)
Dym, Eric White Male		Force: Nightstick as club (incl asp & baton)	Complainant Unavailable
Dym, Eric White Male		Untruthful Statement: False official statement	Unsubstantiated

Penalties

Mellusi, Adam

CCRB Recommended Penalty: Forfeit vacation 20 days

APU Case Status: Closed: Not guilty after trial, May 2023

Dym, Eric

APU Plea Penalty: Forfeit vacation 15 days

APU Case Status: Closed: Resolved by plea, September 2022

Penalty: Forfeit vacation 15 days

Soberal, Isaac

APU Case Status: Closed: Retained, with discipline, December 2022

Penalty: Forfeit vacation 10 days

Counihan, Steven

APU Case Status: Pending

Penalty: APU - Decision Pending

Mccloud, Malik

APU Case Status: Closed: Retired, April 2022

Migliaccio, John

APU Case Status: Pending

Penalty: APU - Decision Pending

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.