Complaint #202100606, June 2020

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

Documents:
Complaint Closing Report
NYPD Plea Agreement (John Migliaccio)
APU Quarterly Report summary (John Migliaccio)

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

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)

Penalty

Migliaccio, John

APU Plea Penalty: Forfeit vacation 40 days

APU Case Status: Closed: Plea set aside, Comm. Disc. B, October 2023

NYPD Conclusion: APU Command Discipline B

Penalty: Forfeit vacation 10 days / Command Discipline B

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusion definitions.