Complaint #202106152,
October 12, 2021

Officer: Malpeso, James
Complainant: Hispanic Female, 40-44
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Dalbero, Michael
Complainant: Hispanic Female, 40-44
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Sciortino, Anthony
Complainant: Hispanic Female, 40-44
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Malpeso, James
Complainant: Hispanic Female, 40-44
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Sciortino, Anthony
Complainant: Hispanic Female, 40-44
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Dalbero, Michael
Complainant: Hispanic Female, 40-44
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Sciortino, Anthony
Complainant: Hispanic Female, 40-44
Allegation: Force: Gun Pointed
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Unable to Determine
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Sciortino, Anthony
Complainant: Hispanic, 15-17
Allegation: Force: Gun Pointed
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Malpeso, James Hispanic Female, 40-44 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Dalbero, Michael Hispanic Female, 40-44 Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Sciortino, Anthony Hispanic Female, 40-44 Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Malpeso, James Hispanic Female, 40-44 Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Sciortino, Anthony Hispanic Female, 40-44 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Dalbero, Michael Hispanic Female, 40-44 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Sciortino, Anthony Hispanic Female, 40-44 Force: Gun Pointed Unable to Determine
CCRB Investigator Recommendation: Unsubstantiated
Unknown Officer Hispanic Male, 18-20 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Hispanic Male, 18-20 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Sciortino, Anthony Hispanic, 15-17 Force: Gun Pointed 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.
'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.


Penalties

Malpeso, James
Forfeit vacation 8 days
Closed: Resolved by plea, April 2, 2024
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Dalbero, Michael
Forfeit vacation 10 days
Closed: Resolved by plea, April 2, 2024
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Sciortino, Anthony
Forfeit vacation 10 days
Closed: Resolved by plea, April 2, 2024
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Summary

On October 12, 2021, at approximately 7:45 a.m., [redacted] and [redacted] sons, 18-year-old [redacted], 15-year-old [redacted], 13-year-old [redacted], 11-year-old [redacted] and four-year-old [redacted] were awakened by loud knocking on the door of their home at [redacted] in Staten Island. Ultimately, it was determined that officers of the NYPD were knocking on the door. Among the officers present were then-Sergeant Michael Dalbero, Detective James Malpeso, Detective Jan Folvarsky, Detective Anthony Sciortino, and Police Officer Richard D'Ambrosio, all part of the Staten Island Narcotics Bureau. Supervising Parole Officer (SPO) [redacted] and Parole Officer [redacted] of the Staten Island Department of Corrections and Community Supervision (DOCCS/Parole) were also present on the scene.
Upon hearing the commotion, [redacted] opened the second-floor door of the house and encountered an officer who asked him about his father [redacted] whereabouts. [redacted] told the officer that his father was not at the location, and in response, the officer allegedly said that it was "bullshit" and threatened to "smash heads," (Allegation A: Discourtesy, [redacted]) (Allegation B: Abuse of Authority, [redacted]).
Shortly after, [redacted] opened the ground floor door and Det. Sciortino pointed his gun at him (Allegation C: Force, [redacted]). Det. Sciortino, Det. Malpeso, and Sgt. Dalbero then entered and searched [redacted] (Allegations D-F: Abuse of Authority, [redacted]) (Allegations G-I: Abuse of Authority, [redacted]). After searching the ground floor, Det. Sciortino allegedly walked up internal stairs, and as he did so, he pointed his firearm at [redacted] (Allegation J: Force, [redacted]). He then allegedly went to the second and third floor of the home looking for [redacted] (within Allegation G). After failing to find [redacted] inside [redacted] the NYPD officers exited the home and left. Read report for details.


Details

Incident: October 12, 2021
Closed: March 17, 2023
Last Updated: April 4, 2024

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

Witness Officers: Richard Dambrosio, Jan Folvarsky