Complaint #202006197,
September 12, 2020

Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Winters, Kelvin
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer: Greaige, Brian
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Barth, Paul
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Barth, Paul
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Garcia, Christopher
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Ubben, Tyler
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Migliaccio, John
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Miret, Matthew
Complainant: Black Female, 35-39
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Migliaccio, John
Complainant: Black Female, 35-39
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Winters, Kelvin
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Jones, Rashard
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Henriquez, Randy
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Henriquez, Randy
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Soberal, Isaac
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Jones, Rashard
Complainant: Black Female, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Taveras, Edison
Complainant: Black Male, 21-24
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Migliaccio, John
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Miret, Matthew
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Miret, Matthew
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 21-24 Force: Physical force Exonerated
Unknown Officer Black Male, 25-29 Discourtesy: Word Exonerated
Winters, Kelvin Black Male, 25-29 Abuse of Authority: Seizure of property Unsubstantiated
Greaige, Brian Black Male, 25-29 Force: Physical force Substantiated (Command Discipline B)
Barth, Paul Abuse of Authority: Threat of force (verbal or physical) Exonerated
Barth, Paul Black Male, 25-29 Discourtesy: Word Substantiated (Command Discipline A)
Garcia, Christopher Discourtesy: Word Exonerated
Ubben, Tyler Discourtesy: Word Substantiated (Command Discipline B)
Migliaccio, John Discourtesy: Word Exonerated
Miret, Matthew Black Female, 35-39 Force: Pepper spray Substantiated (Charges)
Migliaccio, John Black Female, 35-39 Force: Pepper spray Unsubstantiated
Winters, Kelvin Black Male, 25-29 Force: Physical force Exonerated
Jones, Rashard Black Male, 25-29 Force: Physical force Exonerated
Henriquez, Randy Black Male, 25-29 Force: Physical force Exonerated
Henriquez, Randy Black Male, 25-29 Discourtesy: Word Unfounded
Soberal, Isaac Black Male, 25-29 Discourtesy: Word Exonerated
Unknown Officer Black Male, 25-29 Force: Physical force Unfounded
Jones, Rashard Black Female, 25-29 Abuse of Authority: Threat of arrest Exonerated
Taveras, Edison Black Male, 21-24 Force: Nonlethal restraining device Exonerated
Unknown Officer Force: Physical force Exonerated
Migliaccio, John Force: Physical force Substantiated (Command Discipline B)
Unknown Officer Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Miret, Matthew Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Miret, Matthew Discourtesy: Word 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.
'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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Ubben, Tyler
No Disciplinary Action-DUP
No penalty

Barth, Paul
No Disciplinary Action-DUP
No penalty

Greaige, Brian
No Disciplinary Action-DUP
No penalty

Miret, Matthew
Forfeit vacation 15 days
Closed: Resolved by plea, May 15, 2024
APU Guilty
Forfeit vacation 15 days

Migliaccio, John
No Disciplinary Action-DUP
No penalty

Summary

On September 12, 2020, at approximately 1:30 a.m., two individuals were shot, one killed, in the parking lot of [redacted] in the Bronx. Tens of officers, including Lt. Eric Dym, Sgt. Natalie Bautista, Sgt. Melissa Davis, PO Christopher Garcia, PO Brian Greaige, PO Matthew Miret, PO John Migliaccio, and PO Tyler Ubben of PSA-7, and Captain Isaac Soberal, PO Rashard Jones PO Kelvin Winters, PO Edison Taveras, PO Paul Barth, and PO Randy Enriquez of the 40th Precinct, responded to the incident location. Tens of civilians, including [redacted] and [redacted] surrounded the area. Some civilians attempted to administer aid to the individuals who had been shot, interfering with the officers' own attempts to administer aid.
Sgt. Bautista told [redacted] to step away from the person who had been shot. He responded by throwing his hands at her and asking why officers were touching him. A group of approximately 15 officers grabbed [redacted] grappling to place him into handcuffs (Allegation A: Force: [redacted]). Several civilians intervened in [redacted] arrest. Officers pulled [redacted] from the [redacted] crowd and grappled to place him into handcuffs (Allegation B: Force: [redacted]). twisted out of the officers' grasps and tried to run away. PO Taveras deployed a Taser, striking the [redacted] in the chest (Allegation C: Force: [redacted]) PO Miret and PO Migliaccio deployed O.C. pepper spray toward a crowd that included [redacted] and unknown individuals (Allegation D: Force: [redacted]). (Allegation E: Force: As officers continued to grapple with [redacted] PO Migliaccio punched him in the head multiple times (Allegation F: Force: [redacted]). [redacted] (Allegation G: Abuse of Authority: [redacted]). An unknown black female yelled at PO Ubben and Sgt. Davis. As she walked away, PO Ubben said, "Fuck out of here. Savage" (Allegation H: Discourtesy: [redacted]). PO Garcia yelled toward the crowd, "Fuck out of here," and "Get the fuck out of here" (Allegation I: Discourtesy: [redacted]). PO Migliaccio yelled, "Fuck... Read report for details.


Details

Incident: September 12, 2020
Closed: April 14, 2022
Last Updated: May 17, 2024

Reason for contact: Report-gun possession/shots fired
Location: NYCHA
In NYPD 40th Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Damion Cunningham, Melissa Davis, Jonathan Estevez, Sinaka Javorovac, Justin Ludvick, Terrence Saunders, Randy Zerling
Body-Worn Camera evidence collected
Video evidence collected