Complaint #202004861,
June 21, 2020

Officer: Moussa, James
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Moussa, James
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Moussa, James
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Latona, Nicole
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Galluccio, Michael
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Barbee, James
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Latona, Nicole
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Galluccio, Michael
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Moussa, James
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Barbee, James
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Latona, Nicole
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Galluccio, Michael
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Moussa, James Hispanic Male, 21-24 Abuse of Authority: Interference with recording Unsubstantiated
Moussa, James Hispanic Male, 21-24 Abuse of Authority: Threat of arrest Unsubstantiated
Moussa, James Hispanic Male, 21-24 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Latona, Nicole Abuse of Authority: Entry of Premises Substantiated (Command Discipline A)
Galluccio, Michael Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Barbee, James Hispanic Male, 21-24 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Latona, Nicole Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Galluccio, Michael Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Moussa, James Hispanic Male, 25-29 Abuse of Authority: Forcible Removal to Hospital Exonerated
Barbee, James Hispanic Male, 25-29 Abuse of Authority: Forcible Removal to Hospital Exonerated
Latona, Nicole Hispanic Male, 25-29 Abuse of Authority: Forcible Removal to Hospital Exonerated
Galluccio, Michael Hispanic Male, 25-29 Abuse of Authority: Forcible Removal to Hospital Exonerated

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.
'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

Latona, Nicole
No Disciplinary Action-DUP
No penalty

Galluccio, Michael
No Disciplinary Action-DUP
No penalty

Summary

On June 21, 2020, at approximately 8:00 p.m., [redacted] was outside of his family residence at [redacted] in Staten Island, when he became involved in a verbal altercation with a few unidentified neighbors, that resulted in the neighbors calling 911. Approximately 10 minutes later, Police Officer Nicole Latona and Police Officer Michael Galluccio, of the 121st Precinct responded, and a few minutes later, Police Officer James Moussa and Police Officer James Barbee, of the 121st Precinct, responded along with EMS. After speaking with the EMTs, PO Latona, PO Galluccio, PO Moussa, and PO Barbee forcibly removed [redacted] to [redacted] (Allegations A, B, C, and D: Abuse of Authority—Forcible Removal to Hospital, [redacted]). As [redacted] was being escorted to the waiting ambulance by PO Moussa and PO Barbee, PO Latona and PO Galluccio entered [redacted]s family residence (Allegations E and F: Abuse of Authority—Entry of Premises, [redacted]), and searched therein (Allegations G and H: Abuse of Authority—Search of Premises, [redacted]).
At approximately 9:30 p.m. that evening, after [redacted] picked up [redacted] from [redacted] they went to the 121st Precinct stationhouse, wherein [redacted] attempted to file a complaint with regard to the earlier incident. PO Moussa and PO Barbee allegedly refused to process [redacted]s complaint (Allegations I and J: Abuse of Authority—Refusal to Process Civilian Complaint, [redacted]), and directed him toward a CCRB flyer within the stationhouse. [redacted] took out his cell phone to take a photograph of the flyer, wherein PO Moussa informed [redacted] that he was not allowed to record within the stationhouse, and warned that if he continued recording, he would arrested (Allegation K: Abuse of Authority—Threat of Arrest, [redacted]). When [redacted] refused, and continued attempting and take a photo of the flyer with his cell phone, PO Moussa approached [redacted] causing him to put his cell phone away, and leave the stationhouse with [redacted] out of fear of being arrested... Read report for details.


Details

Incident: June 21, 2020
Received: July 6, 2020
Closed: March 30, 2022

Reason for contact: Report-dispute
Location: Apartment/house
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected