Complaint #202100606,
June 4, 2020

Officer: Unknown Officer
Complainant: White Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Migliaccio, John
Complainant: White Male, 25-29
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Migliaccio, John
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Migliaccio, John
Complainant: Black Female, 35-39
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: White Male, 25-29
Allegation: Force: Chokehold
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: White Male, 25-29
Allegation: Force: Restricted Breathing
CCRB Conclusion: Officer(s) Unidentified
Officer: Migliaccio, John
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer White Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Hispanic Male, 30-34 Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Migliaccio, John White Male, 25-29 Force: Pepper spray Substantiated (Charges)
Migliaccio, John Force: Pepper spray Substantiated (Charges)
Migliaccio, John Black Female, 35-39 Force: Pepper spray Substantiated (Charges)
Unknown Officer White Male, 25-29 Force: Chokehold Officer(s) Unidentified
Unknown Officer White Male, 25-29 Force: Restricted Breathing Officer(s) Unidentified
Migliaccio, John Force: Pepper spray Substantiated (Charges)

Conclusion Meanings:

'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.


Penalty

Migliaccio, John
Forfeit vacation 40 days
Closed: Plea set aside, Comm. Disc. B, October 19, 2023
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Summary

On June 4, 2020, at approximately 8:00 p.m., [redacted] his friend [redacted] and two another protesters, [redacted] and [redacted] were in a large crowd of protesters that was kettled by officers at East 136th Street and Brook Avenue in the Mott Haven neighborhood of the Bronx. An unidentified officer swung a baton toward the protesters from across a row of officers on bicycles, striking [redacted] (Allegation A – Force: Baton as Club, [redacted] Officers on top of and around a parked car swung their batons, striking [redacted] and other protesters several times, while screaming "Get the fuck back" (addressed in CCRB case [redacted]) Police Officer John Migliaccio of PSA 7 sprayed his pepper spray into a crowd that included [redacted] and [redacted]. An unidentified officer screamed, "Welcome to the fucking Bronx!" (Allegation F – Discourtesy: Word, [redacted] went down to the ground and an officer kneeled on [redacted] spine between his shoulder blades (Allegations G and H – Force: Chokehold, Restricted Breathing; [redacted]) and [redacted] were placed in flex cuffs and later released with summonses for violating the mayor's 8:00 p.m. curfew (Board Review 02, 03).
This case involves allegations of kettling and other concerted enforcement actions performed under the command and supervision of the then Chief of Department Terrance Monahan and Assistant Chief Kenneth Lehr. These allegations are being addressed in case [redacted] Allegations of force (Allegations A, B, C, D, E, G, and H) were pleaded and investigated in this case because they involved allegations of force that went beyond the reasonable scope of Chief Monahan's and Assistant Chief Lehr's order to kettle the crowd. All other alleged uses of force were subsumed into [redacted] Read report for details.


Details

Incident: June 4, 2020
Received: January 25, 2021
Closed: February 7, 2022

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Steven Counihan, Joseph Deck, Eric Dym, Kenneth Lehr, Nicholas Rios
Body-Worn Camera evidence collected
Video evidence collected