Complaint #202207107,
October 19, 2022

Officer: Black, Michael
Complainant: Black Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Within NYPD Guidelines
Officer: Conforti, Daniel
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Conforti, Daniel
Complainant: Black Male, 15-17
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unable to Determine
Officer: Avent, Terry
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Avent, Terry
Complainant: Black Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Conforti, Daniel
Complainant: Black Female, 55-59
Allegation: Abuse of Authority: Property damaged
CCRB Investigator Recommendation: Unfounded
CCRB Board Conclusion: Unable to Determine
Officer: Black, Michael
Complainant: Black Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unfounded
Officer: Martinez, Jonathan
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
Officer: Martinez, Jonathan
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Within NYPD Guidelines
Officer: Conforti, Daniel
Complainant: Black Female, 55-59
Allegation: Discourtesy: Action
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unable to Determine
Officer: Seery, James
Complainant: Black Female, 55-59
Allegation: Discourtesy: Action
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Conforti, Daniel
Complainant: Black Male, 15-17
Allegation: Force: Chokehold
CCRB Conclusion: Unable to Determine
Officer: Conforti, Daniel
Complainant: Black Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Board Conclusion
Black, Michael Black Male, 15-17 Discourtesy: Word Within NYPD Guidelines
Conforti, Daniel Black Male, 15-17 Force: Physical force Within NYPD Guidelines
Conforti, Daniel Black Male, 15-17 Force: Restricted Breathing Unable to Determine
Avent, Terry Black Male, 15-17 Force: Physical force Within NYPD Guidelines
Avent, Terry Black Male, 15-17 Discourtesy: Word Substantiated (Command Discipline A)
Conforti, Daniel Black Female, 55-59 Abuse of Authority: Property damaged Unable to Determine
CCRB Investigator Recommendation: Unfounded
Black, Michael Black Male, 15-17 Force: Physical force Within NYPD Guidelines
Unknown Officer Black Male, 15-17 Abuse of Authority: Search of recording device Unfounded
Unknown Officer Black Male, 15-17 Abuse of Authority: Search of recording device Unfounded
Martinez, Jonathan Abuse of Authority: Entry of Premises Within NYPD Guidelines
Martinez, Jonathan Abuse of Authority: Search of Premises Within NYPD Guidelines
Conforti, Daniel Black Female, 55-59 Discourtesy: Action Unable to Determine
CCRB Investigator Recommendation: Substantiated
Seery, James Black Female, 55-59 Discourtesy: Action Miscellaneous - Subject Retired
Conforti, Daniel Black Male, 15-17 Force: Chokehold Unable to Determine
Conforti, Daniel Black Male, 15-17 Discourtesy: Word 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.
'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

Avent, Terry
Command Discipline - A

Summary

On October 19, 2022, at 6:05 a.m., Detective Jonathan Martinez of the Intelligence Bureau Field Intelligence Officer program (INT FIO) executed a search warrant for a firearm at [redacted] and his family's residence, [redacted] in Brooklyn (Allegations A and B: Abuse of Authority – Premises Entered, Search of Premises; within NYPD guidelines). Sergeant Daniel Conforti of the Emergency Services Unit (ESU) removed [redacted] Ring camera doorbell from the front door and threw it across the lobby, allegedly damaging it (Allegation C: Discourtesy – Action, substantiated; Allegation D: Abuse of Authority – Property Damaged, unfounded). Det. Michael Black of ESU said, "I don't give a fuck," and "I don't give a shit, man, let me see your hands," to [redacted] (Allegation E: Discourtesy – Word, within NYPD guidelines). Det. Black pulled [redacted] out of his bed, and Det. Terry Avent of ESU pushed [redacted]'s head against the floor (Allegations F and G: Force - Physical Force, within NYPD guidelines). Sgt. Conforti pulled [redacted] out of bed (Allegation H: Force – Physical Force; within NYPD guidelines) and allegedly restricted [redacted]'s breathing by kneeling on his neck and head (Allegations I and J: Force – Chokehold, Restricted Breathing; unable to determine). While struggling with [redacted], Sgt. Conforti yelled, "Nobody's on your neck, stupid! Turn over!" (Allegation K: Discourtesy – Word, within NYPD guidelines). After [redacted] and [redacted] were handcuffed, Det. Avent said, "Stop fucking complaining that you're a kid," "You and your brother were told, fucking multiple times, put your hands behind your back," "You're still running your mouth, you're not too smart," and, "I'm not your father, maybe your father does know what's wrong with you," to [redacted] (Allegation L: Discourtesy – Word, substantiated). Det. Seery picked up [redacted] Ring camera and threw the camera across the lobby towards [redacted] (Allegation M: Discourtesy – Action, miscellaneous – subject retired). Officers allegedly put... Read report for details.


Details

Incident: October 19, 2022
Received: October 21, 2022
Closed: January 25, 2024
Last Updated: June 22, 2024

Reason for contact: Execution of arrest/bench warrant
Location: Apartment/house
In NYPD 76th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Jose Albarracin, Tony Brown, Joseph Bucchignano, Matthew Fagan, Brian Feeley, David Fekety, Matthew Hemberger, Christian Lopez, Daniel Marussich, Avinash Patel, Marko Sikiric, Koren Stewart
Body-Worn Camera evidence collected
Video evidence collected