| Officer: | Malfetano, Brett |
|---|---|
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Malfetano, Brett |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Pichardo, Jose |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Celestin, Ernst |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Torres, Jonathan |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Celestin, Ernst |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Celestin, Ernst |
| Complainant: | Hispanic Male, 21-24 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Unfounded |
| Officer: | Speranza, Luke |
| Allegation: | Abuse of Authority: Search of recording device |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Pichardo, Jose |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Flores, Shamil |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Miscellaneous - Subject Resigned |
| Officer: | Speranza, Luke |
| Complainant: | Hispanic Female, 45-49 |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Unknown Officer |
| Allegation: | Abuse of Authority: Electronic device information deletion |
| CCRB Conclusion: | Unfounded |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Malfetano, Brett | Hispanic Female, 45-49 | Abuse of Authority: Entry of Premises | Substantiated (Command Discipline B) |
| Malfetano, Brett | Hispanic Female, 45-49 | Force: Physical force | Within NYPD Guidelines |
| Pichardo, Jose | Hispanic Female, 45-49 | Abuse of Authority: Entry of Premises | Substantiated (Command Discipline B) |
| Celestin, Ernst | Hispanic Female, 45-49 | Abuse of Authority: Entry of Premises | Substantiated (Command Discipline B) |
| Torres, Jonathan | Hispanic Female, 45-49 | Abuse of Authority: Entry of Premises | Substantiated (Command Discipline A) |
| Celestin, Ernst | Hispanic Female, 45-49 | Abuse of Authority: Threat of arrest | Within NYPD Guidelines |
| Celestin, Ernst | Hispanic Male, 21-24 | Abuse of Authority: Threat of arrest | Unfounded |
| Speranza, Luke | Abuse of Authority: Search of recording device | Substantiated (Command Discipline A) | |
| Pichardo, Jose | Hispanic Female, 45-49 | Abuse of Authority: Threat of arrest | Within NYPD Guidelines |
| Flores, Shamil | Hispanic Female, 45-49 | Abuse of Authority: Entry of Premises | Miscellaneous - Subject Resigned |
| Speranza, Luke | Hispanic Female, 45-49 | Abuse of Authority: Entry of Premises | Substantiated (Command Discipline B) |
| Unknown Officer | Abuse of Authority: Electronic device information deletion | Unfounded |
Further details on conclusions.
On June 4, 2022, at approximately 10:56 PM, Police Officer Brett Malfetano, Police Officer Jose Pichardo, Police Officer Luke Speranza, Police Officer Ernst Celestin, Police Officer Jonathan Torres, and Police Officer Shamil Flores from the 40th Precinct went to [redacted] in the Bronx in response to a 911 call regarding an ongoing neighbor dispute. While investigating allegations that second- and third-floor residents threw items at each other, the third-floor resident, [redacted] showed PO Malfetano and PO Pichardo security footage on her phone. An officer allegedly deleted relevant footage from [redacted] phone (Allegation A: Abuse of Authority, [redacted]). When [redacted] asked for her phone back, PO Speranza continued to review other videos (Allegation B: Abuse of Authority, [redacted]).
While investigating the dispute, officers learned that there was an active I-card with probable cause to arrest [redacted] son, [redacted]. PO Pichardo entered [redacted] apartment (Allegation C: Abuse of Authority, [redacted]). After arguing about the validity of the arrest with [redacted], PO Pichardo threatened to arrest her (Allegation D: Abuse of Authority, [redacted]). PO Torres then entered the apartment, followed by PO Malfetano, PO Celestin, and PO Speranza (Allegations E to H: Abuse of Authority, [redacted]).
As [redacted] blocked PO Malfetano's path, he guided her out of his way (Allegation I: Force, [redacted]). PO Celestin then threatened to arrest [redacted] (Allegation J: Abuse of Authority, [redacted]). PO Celestin also allegedly threatened to arrest [redacted] another second-floor resident (Allegation K: Abuse of Authority, [redacted]). PO Flores was the last officer to enter the apartment (Allegation L: Abuse of Authority, [redacted]).
[redacted] was arrested on an open I-card and charged with criminal mischief for previously damaging [redacted] property (Board Review 1).
Read report for details.