Complaint #202105963,
October 4, 2021

Officer: Montana, Paul
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Wittek, Lee
Complainant: Black Female, 21-24
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Wittek, Lee
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Wittek, Lee
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Vehicle stop
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Wittek, Lee
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Wittek, Lee
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Wittek, Lee
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Question
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Wittek, Lee
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Wittek, Lee
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Board Conclusion
Montana, Paul Black Female, 40-44 Abuse of Authority: Threat of arrest Substantiated (Command Discipline A)
Wittek, Lee Black Female, 21-24 Force: Physical force Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Wittek, Lee Black Female, 40-44 Abuse of Authority: Failure to provide RTKA card Substantiated (Formalized Training)
Wittek, Lee Black Female, 40-44 Abuse of Authority: Vehicle stop Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Wittek, Lee Black Female, 40-44 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Wittek, Lee Black Female, 40-44 Abuse of Authority: Stop Substantiated (Command Discipline A)
Wittek, Lee Black Female, 40-44 Abuse of Authority: Question Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Wittek, Lee Black Female, 40-44 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Wittek, Lee Black Female, 40-44 Abuse of Authority: Frisk Substantiated (Command Discipline A)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Montana, Paul
No Disciplinary Action-DUP
No penalty

Wittek, Lee
Forfeit vacation 6 days
Closed: Resolved by plea, May 9, 2024
APU Command Discipline B
Forfeit vacation 6 days / Command Discipline B

Summary

On October 4, 2021, at approximately 2:50 p.m., Lieutenant Paul Montana, of Patrol Borough Staten Island, and Det. Lee Wittek, of the Criminal Intelligence Section, responded to [redacted] in Staten Island on suspicion of a stolen vehicle. Ten precinct officers also responded: PO Taylor Fortunato, PO Samantha Oconnell, PO Mohammad Hoque, PO Matthew Harrison, and PO Michael Meyerson, of the 120 Precinct, and PO Justin Meehan, PO Michael Dagostino, PO Emmanuel Keppel, PO Victor Baniqued, and PO George Arabella, all of the 122 Precinct.
[redacted] was arrested for possession of stolen license plates. [redacted] alleged that Det. Wittek forcibly placed her hands behind her back in an aggressive manner during her arrest (Allegation A: Force - Physical force, [redacted]). While this was occurring, Lieutenant Montana spoke with [redacted] and said to her, "if you live there, you'll be coming with me" (Allegation B: Abuse of Authority – Threat of arrest, [redacted]). [redacted] was taken to the 120th Precinct stationhouse. Det. Wittek then stopped [redacted] (Allegation C: Abuse of Authority – Stop, [redacted]). [redacted] initially stated that she did not have ID on her and Det. Wittek asked, "You're driving a car without a driver's license?" (Allegation D: Abuse of Authority - Question, [redacted]).
[redacted] entered [redacted] and officers remained on scene to continue their investigation into the stolen vehicle. At approximately 3:20 p.m., [redacted] exited [redacted] and got back in her car. Det. Wittek approached her a second time and, as she was driving away, stopped her and told her to get out of her vehicle (Allegation E: Abuse of Authority - Vehicle stop, [redacted]). Det. Wittek grabbed [redacted] keys and inspected them without [redacted] consent (Allegation F: Abuse of Authority – Search, [redacted]). Det. Wittek then had [redacted] step to the back of her vehicle, where he grabbed the pockets to her hoodie (Allegation G: Abuse of Authority – Frisk, [redacted]) and lifted her hoodie up (Allegation H:... Read report for details.


Details

Incident: October 4, 2021
Received: October 5, 2021
Closed: March 17, 2023
Last Updated: May 11, 2024

Reason for contact: Other
Location: Street/highway
In NYPD 120th Precinct Staten Island
Outcome: No arrest made or summons issued

Witness Officers: George Arabella, Victor Baniqued, Michael Dagostino, Taylor Fortunato, Matthew Harrison, Mohammad Hoque, Emmanuel Keppel, Samantha Latona, Justin Meehan, Michael Meyerson
Body-Worn Camera evidence collected