Complaint #202007629,
November 2, 2020

Officer: Thomas, Michael
Complainant: Black Female, 25-29
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Thomas, Michael
Complainant: Black Female, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Barth, Paul
Complainant: Black Female, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mojicabarry, Adora
Complainant: Black Female, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: David, Michael
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Saunders, Terrence
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Marcus, Andrew
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Barth, Paul
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Thomas, Michael
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Javorovac, Sinaka
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Dinsmore, Peter
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Thomas, Michael Black Female, 25-29 Abuse of Authority: Threat to notify ACS Substantiated (Command Discipline B)
Thomas, Michael Black Female, 25-29 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Barth, Paul Black Female, 25-29 Force: Physical force Exonerated
Mojicabarry, Adora Black Female, 25-29 Force: Physical force Exonerated
David, Michael Abuse of Authority: Entry of Premises Exonerated
Saunders, Terrence Abuse of Authority: Entry of Premises Exonerated
Marcus, Andrew Abuse of Authority: Entry of Premises Exonerated
Barth, Paul Abuse of Authority: Entry of Premises Exonerated
Thomas, Michael Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Javorovac, Sinaka Abuse of Authority: Entry of Premises Exonerated
Dinsmore, Peter Abuse of Authority: Entry of Premises 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.

Further details on conclusions.


Penalty

Thomas, Michael
Closed: SOL Expired prior to APU, March 23, 2023
APU Closed: SOL Expired prior to APU

Summary

At approximately 6:20 a.m. on November 2, 2020, [redacted] was asleep with her girlfriend, [redacted] sister, [redacted] inside [redacted] in the Bronx. [redacted] arrived with Police Officer Michael David, Police Officer Andrew Marcus, Police Officer Paul Barth, Police Officer Terrence Saunders, Police Officer Sinaka Javorovac, and Police Officer Peter Dinsmore (all of the 40th Precinct). The group entered the apartment, as did Sergeant Michael Thomas and Police Officer Adora Mojicabarry (both also of the 40th Precinct) when they later arrived (Allegations A, B, C, D, E, and F, Abuse of Authority: Entry of Premises. [redacted] The officers placed [redacted] under arrest for violating an order of protection. PO Barth and PO Mojicabarry pulled [redacted] away from [redacted] as the latter was handcuffed (Allegations G and H, Force: Physical Force, [redacted]). Sgt. Thomas threatened to arrest everyone in the apartment, then, specifically, threatened to arrest [redacted] (Allegations I and J, Abuse of Authority: Threat of Arrest, [redacted]) and threatened to notify ACS (Allegation K, Abuse of Authority: Threat to Notify ACS, [redacted]). [redacted] was arrested for criminal contempt in the first degree and harassment in the second degree (BR 01). [redacted] Read report for details.


Details

Incident: November 2, 2020
Received: November 19, 2020
Closed: January 19, 2023

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected