Complaint #202201091,
February 19, 2022

Officer: Taveras, Jhan
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Billotto, Nicholas
Complainant: Age 15-17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Within NYPD Guidelines
Officer: Billotto, Nicholas
Complainant: Age 15-17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Billotto, Nicholas
Complainant: Age 15-17
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Wdowiak, Oscar
Complainant: Age 15-17
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Wdowiak, Oscar
Complainant: Age 15-17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Conclusion
Taveras, Jhan Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Billotto, Nicholas Age 15-17 Abuse of Authority: Frisk Within NYPD Guidelines
Billotto, Nicholas Age 15-17 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Billotto, Nicholas Age 15-17 Abuse of Authority: Failure to provide RTKA card Substantiated (Formalized Training)
Wdowiak, Oscar Age 15-17 Abuse of Authority: Entry of Premises Substantiated (Command Discipline A)
Wdowiak, Oscar Age 15-17 Abuse of Authority: Frisk Within NYPD Guidelines

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

Wdowiak, Oscar
No Disciplinary Action-DUP
No penalty

Billotto, Nicholas
No Disciplinary Action-DUP
No penalty

Taveras, Jhan
No Disciplinary Action-DUP
No penalty

Summary

On February 19, 2022, at approximately 7:43am, there was a 911 call regarding a hostage or firearm at [redacted] in Manhattan. PO Nicholas Billotto, PO Jhan Taveras, SGT Oscar Wdowiak and officers from PSA 5 responded to the location. Both PO Taveras and SGT Wdowiak conversed with [redacted] and [redacted] at the apartment threshold. PO Taveras entered the apartment while SGT Wowiak supervised the entry (Allegation A-Abuse of Authority: Substantiated) (Allegation B- Abuse of Authority: Substantiated). The officers ultimately left the residence.
The 911 caller later went to the stationhouse to provide the police with additional information. At approximately, 1:21pm, PO Billotto returned to the residence with partner officer PO Joshua Albanese. PO Billotto and PO Albanese were tasked with freezing the apartment while a search warrant could be obtained. SGT Wdowiak authorized the frisk of all individuals who might attempt to leave the apartment (Allegation C-Abuse of Authority: Within Department Guidelines). When [redacted] attempted to exit the frozen apartment, PO Billotto frisked and searched him (Allegation D-Abuse of Authority: Within Department Guidelines) (Allegation E-Abuse of Authority: Substantiated). [redacted] and [redacted] who were also present expressly denied consent for [redacted] to be searched. No firearm was recovered, and [redacted] left the subject premises without receiving a business card from PO Billotto (Allegation F- Abuse of Authority: Substantiated). Read report for details.


Details

Incident: February 19, 2022
Received: February 20, 2022
Closed: July 27, 2023

Reason for contact: Report-gun possession/shots fired
Location: NYCHA
In NYPD 28th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Joshua Albanese, Yazan Alkhatib, Clement Augustin, Jessie Bucholtz, Kenneth Darlington, Joey Diaz, Amela Dzihic, Frank Laureano, Steven Libardi, Gurmehar Majithia, Freddie Mercado, Anthony Morris, Racine Otway, Rayhan Rahman, Kevin Salazar, Johendi Sanchez, Randy Torres, Md Touhid
Body-Worn Camera evidence collected
Video evidence collected