Complaint #202006932,
September 27, 2020

Officer: Ohara, Andre
Complainant: Hispanic Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Vigiano, Joseph
Complainant: Hispanic Female, 21-24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Varrone, Anthony
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Varrone, Anthony
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unfounded
Officer: Ohara, Andre
Complainant: Hispanic Female, 21-24
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Varrone, Anthony
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Berardi, Daniel
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Berardi, Daniel
Complainant: Hispanic Female, 21-24
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Berardi, Daniel
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Berardi, Daniel
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Berardi, Daniel
Complainant: Hispanic Female, 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Berardi, Daniel
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Berardi, Daniel
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Ohara, Andre Hispanic Female, 21-24 Force: Physical force Exonerated
Vigiano, Joseph Hispanic Female, 21-24 Abuse of Authority: Vehicle search Exonerated
Varrone, Anthony Hispanic Male, 30-34 Abuse of Authority: Search (of person) Exonerated
Varrone, Anthony Black Male, 40-44 Abuse of Authority: Search (of person) Unfounded
Ohara, Andre Hispanic Female, 21-24 Abuse of Authority: Seizure of property Exonerated
Varrone, Anthony Black Male, 40-44 Abuse of Authority: Frisk Unsubstantiated
Berardi, Daniel Hispanic Female, 30-34 Abuse of Authority: Search (of person) Exonerated
Berardi, Daniel Hispanic Female, 21-24 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Berardi, Daniel Hispanic Female, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Berardi, Daniel Hispanic Female, 30-34 Abuse of Authority: Stop Exonerated
Berardi, Daniel Hispanic Female, 21-24 Abuse of Authority: Stop Exonerated
Berardi, Daniel Hispanic Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Berardi, Daniel Hispanic Male, 30-34 Abuse of Authority: Stop 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.
'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.


Penalty

Berardi, Daniel
No Disciplinary Action-DUP
No penalty

Summary

On September 27, 2020, at approximately 11:54 p.m., [redacted] was sitting in her parked car outside 780 Livonia Avenue in Brooklyn. Her husband, [redacted] was standing beside the vehicle, smoking a marijuana blunt, and drinking an alcoholic beverage in a plastic cup. [redacted] brother, [redacted] was sitting in the backseat along with his partner, [redacted] There was additional marijuana and paraphernalia inside the vehicle. Sergeant Daniel Berardi and Police Officers Anthony Varrone and Joseph Vigiano of the 75th Precinct arrived, saw [redacted] smoking marijuana, and stopped him. PO Varrone frisked [redacted] (Allegation A: Abuse of Authority), PO Varrone allegedly searched [redacted] (Allegation B: Abuse of Authority), and Sgt. Berardi supervised as he and the other officers stopped [redacted] and [redacted] (Allegations C-E: Abuse of Authority). PO Varrone searched [redacted] and Sgt. Berardi allegedly searched [redacted] (Allegations F-G: Abuse of Authority). Multiple additional officers arrived on scene, including Police Officer Andre Ohara of the 75th Precinct. PO Ohara forcibly took [redacted] car keys from her after she refused to relinquish them (Allegation H: Force, Allegation I: Abuse of Authority). PO Vigiano searched [redacted] vehicle (Allegation J: Abuse of Authority). PO Vigiano issued a summons to [redacted] for unlawful possession of marijuana (image of summons in memo book at BR 01). At the conclusion of the incident, Sgt. Berardi did not provide business cards to [redacted] or [redacted] (Allegations K-M: Abuse of Authority).
The officers accidentally left the scene with [redacted] keys still in their vehicle, and Sgt. Berardi drove back and returned them after [redacted] realized and called the stationhouse and 911. Sgt. Berardi then reported that portion of the incident to IAB (BR30), which ultimately led to a concurrent investigation conducted by Patrol Borough Brooklyn North Investigations (see casefile at BR31). Read report for details.


Details

Incident: September 27, 2020
Received: October 19, 2020
Closed: April 22, 2022

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Other VTL violation summons issued

Witness Officers: Christopher Bracco, Vincent Calderone, Sean Collins, Gerard Duffy, Lester Haynes, Michael Lagattolla, Matthew Mccurry
Body-Worn Camera evidence collected