The two officers who shot and killed 19-year-old Win Rozario in Queens last year during a mental health episode have been formally served with four disciplinary charges each for violating department use of force regulations in the encounter.
The Thursday action comes amid continuing controversy over the vote, in which the board took the unusual step of overruling its own investigators.
Officer Salvatore Alongi was charged with shooting Rozario twice without police necessity and using his Taser stun gun once without police necessity, a source with knowledge of the prosecution said.
Officer Matthew Cianfrocco was charged with wrongful use of force in the three gunshots he fired at Rozario during the two minute encounter on March 27, 2024 in Ozone Park, the source said.
Both cops were also charged with conduct prejudicial to the good order of the NYPD for entering Rozario’s apartment without sufficient legal authority, the source said.
CCRB spokesman Dakota Gardner declined to comment on the charges themselves.
“We are pleased that the NYPD has served the charges against the two accused officers, and we are prepared to present the case as it continues through our standard process for substantiated allegations of serious misconduct,” Gardner said in a statement.
Rozario called 911 on himself during a mental health episode bringing the two 102nd Precinct cops to the door of his second-floor apartment. The encounter, during which the officers shot Rozario as he moved toward them holding a pair of scissors, was captured on body camera video.
Barry Williams for New York Daily News; Courtesy of family
Win Rozario (inset) was fatally shot by police in Ozone Park on March 27, 2024. (Barry Williams for New York Daily News; Courtesy of family)
The case now goes to the Administrative Prosecution Unit of the CCRB, which were handle the case in the NYPD trial room. Assuming the officers don’t retire or agree to a plea deal, a trial will take place.
An administrative law judge will make a recommendation following the trial. That decision will be passed on to the police commissioner, who has broad latitude to accept, reject or modify the judge’s recommendation.
In the 9 to 3 vote to substantiate the use of force allegations against the officers for shooting Rozario five times, the board essentially recommended they be fired since that is the only punishment for a finding of misconduct in the use of deadly force.
The Board recommended lesser penalties of the loss of 10- and 20-vacation days for the improper entry of the apartment and the improper use of the stun gun.
On Monday, The News reported the board overruled its own investigators who concluded the officers acted within guidelines on all 16 allegations in the complaint.
PBA President Patrick Hendry said the charges, “are the product of an outrageously skewed decision by CCRB board members, which trampled on these police officers’ right to a fair and impartial investigation.”
Loyda Colón, a representative of the family and Executive Director of the Justice Committee said, “Commissioner Tisch did the right thing by making sure the CCRB’s misconduct charges were served. Now, a discipline trial date must be set so Alongi & Cianfrocco can be fired.”
Colon added, “Attorney General (Letitia) James must indict and prosecute them.”
