Complaint #202205895,
September 2, 2022

Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Amir, Muhammad
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Restricted Breathing
CCRB Conclusion: Officer(s) Unidentified
Officer: Amir, Muhammad
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Unknown Officer
Complainant: Female, 25-29
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Officer(s) Unidentified
Officer: Scagnelli, James
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Kim, Kyong
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Unable to Determine
Officer: Unknown Officer
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Francis, Dylan
Complainant: White Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Amir, Muhammad
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Action
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Female, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Francis, Dylan
Complainant: Male
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Kim, Kyong
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 25-29 Force: Physical force Officer(s) Unidentified
Amir, Muhammad Hispanic Male, 25-29 Force: Physical force Unable to Determine
Unknown Officer Hispanic Male, 25-29 Force: Restricted Breathing Officer(s) Unidentified
Amir, Muhammad Hispanic Male, 25-29 Force: Physical force Unable to Determine
Unknown Officer Female, 25-29 Abuse of Authority: Refusal to process civilian complaint Officer(s) Unidentified
Scagnelli, James Hispanic Male, 25-29 Force: Physical force Unable to Determine
Kim, Kyong Hispanic Male, 25-29 Force: Physical force Unable to Determine
Unknown Officer Force: Physical force Within NYPD Guidelines
Francis, Dylan White Female, 21-24 Force: Physical force Miscellaneous - Subject Resigned
Amir, Muhammad Hispanic Male, 25-29 Discourtesy: Action Unfounded
Unknown Officer Female, 25-29 Force: Physical force Officer(s) Unidentified
Francis, Dylan Male Force: Physical force Miscellaneous - Subject Resigned
Kim, Kyong Hispanic Male, 25-29 Abuse of Authority: Seizure of property Substantiated (Command Discipline A)

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

Kim, Kyong
No Disciplinary Action-DUP
No penalty

Summary

On September 2, 2022, at approximately 9:40pm, [redacted] was at Washington Square Park South in Manhattan listening to music on his speaker. Lieutenant Kyong Kim of the 6th Precinct directed Police Officer Muhammad Amir and Police Officer James Scagnelli of the 6th Precinct to seize [redacted]'s speaker (Allegation A: Abuse of Authority, [redacted]). PO Amir allegedly asked [redacted] for his ID and slapped [redacted]'s speaker out of his hand (Allegation B: Discourtesy, [redacted]). [redacted] allegedly assaulted PO Amir, and PO Amir and PO Scagnelli forced [redacted] to the ground to get him in handcuffs (Allegations C and D: Force, [redacted]). While they were on the ground, Lt. Kim, and PO Amir along with additional unidentified officers allegedly punched, pushed, and restricted [redacted]'s breathing (Allegation E: Force, [redacted] and Allegations F and G: Force, [redacted]). Additional officers, including Police Officer Dylan Francis of the 13th Precinct responded and allegedly punched an individual in his face and pushed [redacted] (Allegations H and I: Force, [redacted]). As officers struggled with [redacted], [redacted] attempted to pick up [redacted]'s cell phone that fell, and an officer allegedly punched her hand (Allegation J: Force, [redacted]). An officer allegedly punched [redacted] in her breast to get her away from [redacted] as he was arrested (within Allegation J). Additional officers forcefully pushed civilians back to keep them away from [redacted] (Allegation K: Force, [redacted]). As PO Amir escorted [redacted] to a transporting vehicle, PO Amir allegedly pulled [redacted]'s hair and forcefully pushed him up against a gate (Allegation L: Force, [redacted]). [redacted] was arrested for [redacted].
[redacted] went to the 6th Precinct stationhouse the next day and an officer allegedly refused to file her complaint (Allegation M: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: September 2, 2022
Closed: January 23, 2024
Last Updated: March 31, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Park
In NYPD 6th Precinct Manhattan
Outcome: Arrest - assault (against a PO)

Witness Officers: Kyle Daly, George Mcfall
Body-Worn Camera evidence collected
Video evidence collected