Complaint #202004301, June 2020
Incident: June 4, 2020
Received: June 15, 2020
Closed: February 9, 2022
Documents:
NYPD Trial Decision (Adam Mellusi)
NYPD Plea Agreement (John Migliaccio)
NYPD Case Retained Letter (Isaac Soberal)
APU Quarterly Report summary (Malik Mccloud)
APU Quarterly Report summary (Eric Dym)
APU Quarterly Report summary (Isaac Soberal)
APU Quarterly Report summary (Adam Mellusi)
APU Quarterly Report summary (John Migliaccio)
Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD
40th Precinct
Bronx
Outcome: No arrest made or summons issued
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
Officer:
Dym, Eric
Allegation:
Abuse of Authority: Other
CCRB Conclusion:
Unsubstantiated
Officer:
Counihan, Steven
Allegation:
Abuse of Authority: Property damaged
CCRB Conclusion:
Substantiated (Command Discipline B)
Officer:
Dym, Eric
Allegation:
Abuse of Authority: Property damaged
CCRB Conclusion:
Substantiated (Command Discipline B)
Officer:
Mccloud, Malik
Allegation:
Abuse of Authority: Property damaged
CCRB Conclusion:
Substantiated (Command Discipline B)
Officer:
Migliaccio, John
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:
Counihan, Steven
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:
Mccloud, Malik
Allegation:
Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:
Substantiated (Charges)
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:
Migliaccio, John
Allegation:
Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:
Substantiated (Charges)
Officer:
Soberal, Isaac
Allegation:
Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:
Substantiated (Charges)
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:
Unknown Officer
Allegation:
Discourtesy: Word
CCRB Conclusion:
Officer(s) Unidentified
Officer:
Unknown Officer
Allegation:
Force: Physical force
CCRB Conclusion:
Officer(s) Unidentified
Officer:
Dym, Eric
Complainant:
Black Male, 30-34
Allegation:
Force: Physical force
CCRB Conclusion:
Exonerated
Officer:
Dym, Eric
Allegation:
Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:
Complainant Unavailable
Dym, Eric
Abuse of Authority: Other
Unsubstantiated
Counihan, Steven
Abuse of Authority: Property damaged
Substantiated (Command Discipline B)
Dym, Eric
Abuse of Authority: Property damaged
Substantiated (Command Discipline B)
Mccloud, Malik
Abuse of Authority: Property damaged
Substantiated (Command Discipline B)
Migliaccio, John
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)
Counihan, Steven
Force: Nightstick as club (incl asp & baton)
Substantiated (Charges)
Dym, Eric
Force: Nightstick as club (incl asp & baton)
Substantiated (Charges)
Mccloud, Malik
Force: Nightstick as club (incl asp & baton)
Substantiated (Charges)
Mellusi, Adam
Black Male, 35-39
Force: Hit against inanimate object
Substantiated (Charges)
Mellusi, Adam
Force: Hit against inanimate object
Substantiated (Charges)
Migliaccio, John
Force: Nightstick as club (incl asp & baton)
Substantiated (Charges)
Soberal, Isaac
Force: Nightstick as club (incl asp & baton)
Substantiated (Charges)
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
Unknown Officer
Discourtesy: Word
Officer(s) Unidentified
Unknown Officer
Force: Physical force
Officer(s) Unidentified
Dym, Eric
Black Male, 30-34
Force: Physical force
Exonerated
Dym, Eric
Force: Nightstick as club (incl asp & baton)
Complainant Unavailable
Penalties
Mellusi, Adam
CCRB Recommended Penalty:
Forfeit vacation 20 days
APU Case Status:
Closed: Not guilty after trial, May 2023
NYPD Conclusion:
APU Not guilty
Dym, Eric
APU Plea Penalty:
Forfeit vacation 15 days
APU Case Status:
Closed: Resolved by plea, September 2022
NYPD Conclusion:
APU Guilty
Penalty:
Forfeit vacation 15 days
Soberal, Isaac
APU Case Status:
Closed: Retained, with discipline, December 2022
NYPD Conclusion:
APU Closed: Retained, with discipline
Penalty:
Forfeit vacation 10 days
Mccloud, Malik
APU Case Status:
Closed: Retired, April 2022
NYPD Conclusion:
APU Closed: Retired
Migliaccio, John
APU Plea Penalty:
Forfeit vacation 15 days
APU Case Status:
Closed: Plea set aside, Without discipline, October 2023
NYPD Conclusion:
APU Dismissed
Penalty:
Dismissed
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.