Complaint #202306109,
June 21, 2023

Officer: Marcello, Joseph
Complainant: Black Male, 21-24
Allegation: Force: Gun Pointed
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Leibowitz, Robert
Complainant: Black Male, 21-24
Allegation: Force: Gun Pointed
CCRB Conclusion: Unable to Determine
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unfounded
Officer: Daley, Frederick
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Daley, Frederick
Complainant: Black Male, 21-24
Allegation: Offensive Language: Gender
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Daley, Frederick
Complainant: Black Male, 21-24
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Within NYPD Guidelines
Officer: Marcello, Joseph
Complainant: Male, 21-24
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Within NYPD Guidelines
Officer: Leibowitz, Robert
Complainant: Male, 21-24
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Board Conclusion
Marcello, Joseph Black Male, 21-24 Force: Gun Pointed Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Leibowitz, Robert Black Male, 21-24 Force: Gun Pointed Unable to Determine
Unknown Officer Black Male, 21-24 Discourtesy: Word Unfounded
Unknown Officer Black Male, 21-24 Abuse of Authority: Vehicle search Unfounded
Daley, Frederick Black Male, 21-24 Discourtesy: Word Substantiated (Formalized Training)
Daley, Frederick Black Male, 21-24 Offensive Language: Gender Substantiated (Command Discipline A)
Daley, Frederick Black Male, 21-24 Force: Hit against inanimate object Within NYPD Guidelines
Marcello, Joseph Male, 21-24 Abuse of Authority: Gun Drawn Within NYPD Guidelines
Leibowitz, Robert Male, 21-24 Abuse of Authority: Gun Drawn 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

Daley, Frederick
No Disciplinary Action-DUP
No penalty

Details

Incident: June 21, 2023
Received: July 5, 2023
Closed: November 19, 2024
Last Updated: January 9, 2025

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Police building
In NYPD 120th Precinct Staten Island
Outcome: Arrest - other violation/crime

Witness Officers: Wilson Cordero, Timothy Cox, Rajitha Mendis, Michael Miller, Ashley Notaro, Christian Pinez, Kevin Roa
Body-Worn Camera evidence collected
Video evidence collected