Complaint #202303338,
March 15, 2023

Officer: Zaccara, John
Complainant: Male, 30-34
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Charges)
Officer: Montenegro, Lillian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Within NYPD Guidelines
Officer: Zaccara, John
Complainant: Male, 30-34
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Within NYPD Guidelines
Officer: Zaccara, John
Complainant: Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Zaccara, John
Complainant: Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Zaccara, John
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Mero, Erick
Complainant: Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Montenegro, Lillian
Complainant: Male, 30-34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Zaccara, John
Complainant: Male, 30-34
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Zaccara, John Male, 30-34 Abuse of Authority: Interference with recording Substantiated (Charges)
Montenegro, Lillian Male, 30-34 Abuse of Authority: Failure to provide RTKA card Within NYPD Guidelines
Zaccara, John Male, 30-34 Abuse of Authority: Stop Within NYPD Guidelines
Zaccara, John Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Zaccara, John Male, 30-34 Discourtesy: Word Substantiated (Command Discipline A)
Zaccara, John Male, 30-34 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Mero, Erick Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Montenegro, Lillian Male, 30-34 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Zaccara, John Male, 30-34 Abuse of Authority: Improper use of body-worn camera Substantiated (Command Discipline A)

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

Mero, Erick
No Disciplinary Action-DUP
No penalty

Zaccara, John
Closed: Retained, with discipline, September 11, 2024
APU Closed: Retained, with discipline
Forfeit vacation 2 days

Summary

On March 15, 2023, at approximately 6:40pm, [redacted] was inside the 157th Street subway station of the 1-train line, in Manhattan. Police Officer John Zaccara, from the 33rd Precinct, approached [redacted] without activating his body-worn camera (Allegation A: Abuse of Authority, [redacted]). PO Zaccara repeatedly instructed [redacted] to stop filming (Allegation B: Abuse of Authority, [redacted]). PO Zaccara told [redacted] that he could be "locked up" (Allegation C: Abuse of Authority, [redacted]). PO Zaccara told [redacted] "I know you think you're smart, but you're not" (Allegation D: Discourtesy, [redacted]). PO Zaccara stopped [redacted] after he refused to leave the subway station (Allegation E: Abuse of Authority, [redacted]). Additional officers including Lieutenant Lillian Montenegro from Transit District 3 arrived. Lt. Montenegro instructed [redacted] that he would be arrested if he did not leave the subway station (Allegation F: Abuse of Authority, [redacted]). Lieutenant Lillian Montenegro failed to provide [redacted] with a business card (Allegation G: Abuse of Authority, [redacted]). After leaving the subway station, [redacted] approached PO Zaccara and Police Officer Erick Mero, also from the 33rd Precinct, and asked for their business cards. Neither officer provided a business card (Allegation H: Abuse of Authority, [redacted]). Allegation I: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: March 15, 2023
Received: April 14, 2023
Closed: July 18, 2024
Last Updated: September 13, 2024

Reason for contact: Other
Location: Subway station/train
In NYPD 33rd Precinct Manhattan

Witness Officers: William Beissel, Odali Cruz, Jennifer Santana, Gilbert Vega
Body-Worn Camera evidence collected
Video evidence collected