Complaint #202202837,
April 27, 2022

Officer: Sambolin, Derek
Complainant: Black Male, 55-59
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Sambolin, Derek
Complainant: Black Male, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Battimelli, Salvatore
Complainant: Black Male, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Sambolin, Derek
Complainant: Black Male, 55-59
Allegation: Force: Restricted Breathing
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unable to Determine
Officer Complainant Allegation CCRB Board Conclusion
Sambolin, Derek Black Male, 55-59 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Sambolin, Derek Black Male, 55-59 Force: Physical force Unable to Determine
Battimelli, Salvatore Black Male, 55-59 Force: Physical force Within NYPD Guidelines
Unknown Officer Black Male, 55-59 Force: Physical force Officer(s) Unidentified
Sambolin, Derek Black Male, 55-59 Force: Restricted Breathing Unable to Determine
CCRB Investigator Recommendation: Substantiated

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.
'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.


Penalty

Sambolin, Derek
No Disciplinary Action-DUP
No penalty

Summary

On April 27, 2022, at approximately 12:50pm, Sergeant Derek Sambolin, Police Officer Salvatore Battimelli and Police Officer Alan Ramirez of Transit District 33 attempted to stop [redacted] in the vicinity of the Flushing Avenue subway station, for selling a swipe to another passenger. [redacted] ran, and PO Battimelli executed a forcible take down (Allegation A: Force, [redacted]). [redacted] felt officers kicking him while he was on the ground and felt Sgt. Sambolin punch him in the face (Allegation B: Force, [redacted]) and (Allegations C: Force, [redacted]). To get him into handcuffs, Sgt. Sambolin placed his knee near [redacted] right shoulder (Allegation D: Force, [redacted]). After [redacted] was handcuffed, he became physically aggressive with officers and Sgt. Sambolin took out his taser and threatened [redacted] to get up again (Allegation E: Abuse of Authority, [redacted]).
[redacted] was arrested for obstructing governmental administration, resisting arrest, possessing a forged instrument, criminal possession of a controlled substance and an unauthorized sale of a farecard (01 Board Review). [redacted] Read report for details.


Details

Incident: April 27, 2022
Received: May 5, 2022
Closed: May 31, 2023

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Street/highway
In NYPD 90th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Thomas Marco, Alan Ramirez
Body-Worn Camera evidence collected
Video evidence collected