Complaint #202006219,
August 21, 2020

Officer: Battcher, George
Complainant: Male, 45-49
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Colletti, Rocco
Complainant: Female, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Colletti, Rocco
Complainant: Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Colletti, Rocco
Complainant: Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Bauers, Frank
Complainant: Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Colletti, Rocco
Complainant: Female, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Female, 70-74
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Bauers, Frank
Complainant: Male, 45-49
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: APU Command Discipline A
Officer: Pineda, Giancarlo
Complainant: Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Smith, Alyssa
Complainant: Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Divanna, Giuseppe
Complainant: Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Bauers, Frank
Complainant: Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Dismissed
Officer Complainant Allegation CCRB Conclusion
Battcher, George Male, 45-49 Abuse of Authority: Forcible Removal to Hospital Exonerated
Colletti, Rocco Female, 15-17 Discourtesy: Word Exonerated
Colletti, Rocco Male, 45-49 Discourtesy: Word Substantiated (Command Discipline A)
Colletti, Rocco Male, 45-49 Force: Physical force Exonerated
Bauers, Frank Male, 45-49 Force: Physical force Exonerated
Colletti, Rocco Female, 15-17 Force: Physical force Exonerated
Unknown Officer Female, 70-74 Force: Physical force Officer(s) Unidentified
Bauers, Frank Male, 45-49 Offensive Language: Race Substantiated (Charges)
NYPD Disposition: APU Command Discipline A
Pineda, Giancarlo Male, 45-49 Force: Physical force Exonerated
Smith, Alyssa Male, 45-49 Force: Physical force Exonerated
Divanna, Giuseppe Male, 45-49 Force: Physical force Exonerated
Bauers, Frank Male, 45-49 Discourtesy: Word Substantiated (Command Discipline A)
NYPD Disposition: APU Dismissed

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.

Further details on conclusions.


Penalties

Bauers, Frank
Forfeit vacation 10 days
Closed: Plea set aside, Comm. Disc. A, April 9, 2024
Forfeit vacation 5 days / Command Discipline A

Colletti, Rocco
No Disciplinary Action-DUP
No penalty

Summary

On August 21, 2020, at approximately 10:00 p.m., in the vicinity of [redacted] in Queens, PO Rocco Colletti, PO Frank Bauers, PO Michael Rizzo, PO Alyssa Smith, PO Giancarlo Pineda, PO Austin Munro, PO Mandeep Cheema, PO Giuseppe Divanna, PO Derek McGuinness, and Sergeant Battcher, responded to a call about an intoxicated man, [redacted] threatening people in the neighborhood with a baseball bat. Sergeant Battcher determined that [redacted] should be removed to the hospital (Allegation A: Abuse of Authority (Forcible removal to hospital): [redacted] PO Colletti said to [redacted] "Back up, back the fuck up!" (Allegation B: Discourtesy (Word): [redacted] He pushed [redacted] backwards causing her to hit her head on the door to her house (Allegation C: Force (Push): [redacted] PO Colletti, PO Smith, PO Pineda, PO Bauers, PO Divanna, pulled [redacted] off the railing to his house and carried him to an ambulance at the end of the street (Allegations D-H: Force (Dragged/pulled): [redacted] An officer allegedly pushed [redacted] on her upper shoulder (Allegation I: Force (Push): [redacted] PO Colletti said to [redacted] "Cut the fucking shit, cut the fucking shit. Cut the shit. Cut the fucking bullshit. What the fuck is the matter with you?" (Allegation J: Discourtesy (Word): [redacted] PO Bauers said to [redacted] "Act like an animal pal, you get treated like one." (Allegation K: Offensive Language (Race—Other Race): [redacted] and Allegation L: Discourtesy: Word: [redacted]) Read report for details.


Details

Incident: August 21, 2020
Received: September 14, 2020
Closed: March 30, 2022
Last Updated: April 11, 2024

Reason for contact: Report-noise/disturbance
Location: Street/highway
In NYPD 102nd Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Mandeep Cheema, Derek Mcguinness, Austin Munro, Michael Rizzo
Body-Worn Camera evidence collected
Video evidence collected