The family of Win Rozario, the Ozone Park teenager who was fatally shot by police during a mental health crisis last year, filed a federal lawsuit against the city on Monday.
The civil complaint was filed by Beldock, Levine & Hoffman LLP on behalf of Rozario’s mother, Notan Eva Costa, and his brother, Utsho Rozario, both of whom were present during the fatal encounter on March 27, 2024, at their home in Ozone Park.
According to police, Officers Salvatore Alongi and Matthew Cianfrocco of the 102nd Precinct responded to a 911 call placed by the 19-year-old, who was experiencing a mental health emergency. Within minutes of arriving, the officers deployed tasers and then discharged their firearms, claiming the teen had charged at them with a pair of scissors. His mother reportedly pleaded with the officers not to shoot.
In the aftermath, Costa and her son allege they were barred from accompanying Win to the hospital and were treated as suspects, rather than witnesses, by police at the scene.
“It’s been over a year since Matthew Cianfrocco and Salvatore Alongi murdered Win, and nothing has happened – they still haven’t been fired, arrested or prosecuted,” the Rozario family said in a statement released by their attorneys. “Cianfrocco and Alongi created a crisis and escalated at every turn, recklessly gunning Win down in our home in less than two minutes – and almost killing two of us too. … We’re suing the city, Cianfrocco, Alongi and the other police whose names we still don’t know who murdered Win, forced us to be interrogated at the precinct when we should have been allowed to go in the ambulance with Win, and who refused to let us go back to our home for more than two days.”
Rozario’s death sparked several protests throughout Queens, and the NYPD has faced harsh criticism for not yet holding the officers involved accountable.
The lawsuit itself encompasses 16 counts against the officers and the city, including excessive force and unreasonable seizure, violations of substantive due process, and other violations of constitutional, civil and human rights. The family is also renewing their call to fire both cops involved.
“The NYPD must immediately fire Officers Salvatore Alongi and Matthew Cianfrocco. They shot and killed Win and nearly shot Notan Eva Costa and Utsho Rozario, and they are still working, it is a disgrace,” attorney David B. Rankin of Beldock Levine & Hoffman, LLP said. “The officers are being paid nearly 200k a year by the people of New York. This has to stop. In no other job can you fail so spectacularly that someone is dead, you’re under investigation, and you’ve been sued yet you still cash a handsome paycheck. It must end, they must be fired.”
Reached for comment, an NYPD spokesperson said, “We will review the lawsuit if and when are served. The investigation remains ongoing by the Force Investigation Division.”
