Complaint #202300794, January 2023

Incident: January 21, 2023
Received: January 29, 2023
Closed: May 20, 2024

Updated: June 30, 2024


Reason for contact: Other
Location: Residential building
In NYPD 33rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Carlos Arrecis, David Cuevas, Thomas Kang, Stefano Osso, Anthony Pirro, Matthew Prieto, Ariel Rosariobautista, Jiaan Wan, Lucas Wong
Officer: Unknown Officer
Complainant: Male, 45-49
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Male, 45-49
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Barberis, Costantino
Complainant: Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Unable to Determine
Officer: Unknown Officer
Complainant: Male, 45-49
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Male, 45-49
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Barberis, Costantino
Complainant: Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Neville, William
Complainant: Male, 45-49
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Unable to Determine
Officer: Miller, Eric
Complainant: Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Unable to Determine
Officer: Rivera, Amaury
Complainant: Male, 45-49
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Within NYPD Guidelines
Officer: Barberis, Costantino
Complainant: Male, 45-49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Barberis, Costantino
Complainant: Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Barberis, Costantino
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Within NYPD Guidelines
Officer: Rivera, Amaury
Complainant: Male, 45-49
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Within NYPD Guidelines
Officer: Rivera, Amaury
Complainant: Male, 45-49
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rivera, Amaury
Complainant: Male, 45-49
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Male, 45-49 Abuse of Authority: Refusal to provide name Unfounded
Unknown Officer Male, 45-49 Abuse of Authority: Refusal to provide shield number Unfounded
Barberis, Costantino Male, 45-49 Discourtesy: Word Unable to Determine
Unknown Officer Male, 45-49 Abuse of Authority: Improper use of body-worn camera Unfounded
Unknown Officer Male, 45-49 Abuse of Authority: Property damaged Officer(s) Unidentified
Barberis, Costantino Male, 45-49 Force: Physical force Within NYPD Guidelines
Neville, William Male, 45-49 Abuse of Authority: Improper use of body-worn camera Unable to Determine
Miller, Eric Male, 45-49 Discourtesy: Word Unable to Determine
Rivera, Amaury Male, 45-49 Abuse of Authority: Forcible Removal to Hospital Within NYPD Guidelines
Barberis, Costantino Male, 45-49 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Barberis, Costantino Male, 45-49 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Barberis, Costantino Abuse of Authority: Search of Premises Within NYPD Guidelines
Rivera, Amaury Male, 45-49 Abuse of Authority: Search of Premises Within NYPD Guidelines
Rivera, Amaury Male, 45-49 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Rivera, Amaury Male, 45-49 Abuse of Authority: Entry of Premises Within NYPD Guidelines

Penalties

Barberis, Costantino
No Disciplinary Action-DUP
No penalty

Rivera, Amaury
No Disciplinary Action-DUP
No penalty


Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': CCRB has fully investigated but could not affirmatively conclude 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 alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.