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: 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: 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: 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: Substantiated (Charges)
Officer: Dym, Eric
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: Dym, Eric
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Complainant Unavailable
Officer: Dym, Eric
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
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: 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 Complainant Allegation CCRB Conclusion
Stevens, Antony Discourtesy: Word Substantiated (Command Discipline A)
Soberal, Isaac Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Migliaccio, John Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Migliaccio, John Abuse of Authority: Property damaged Substantiated (Command Discipline B)
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) Substantiated (Charges)
Dym, Eric Abuse of Authority: Property damaged Substantiated (Command Discipline B)
Dym, Eric Black Male, 30-34 Force: Physical force Exonerated
Dym, Eric Force: Nightstick as club (incl asp & baton) Complainant Unavailable
Dym, Eric Abuse of Authority: Other Unsubstantiated
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)
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

Penalties

Mellusi, Adam
Forfeit vacation 20 days
Closed: Not guilty after trial, May 2023
APU Not guilty

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

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

Counihan, Steven
Pending
APU - Decision Pending

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

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