Complaint #200300748,
January 27, 2003

Officer: Mcgee, Brian
Complainant: Black Male, 13
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Mcgee, Brian Black Male, 13 Abuse of Authority: Question and/or stop Exonerated

Conclusion Meanings:

'Exonerated': or '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.


Summary

[redacted] wife [redacted] received a call from the 73rd Precinct on 1/27/03 to inform her that their son [redacted] had been arrested [redacted] and could be picked up at the station house. [redacted] repeatedly tried to call [redacted] but he turned off his phone every time she called. Eventually he did answer and went to the 73rd Precinct station house at approximately 11 PM. [redacted] waited for approximately two hours until a police officer brought [redacted] out to the front entrance area. The officer said that [redacted] was arrested because a supervisor wanted to "give a rookie a collar." Officers present gave [redacted] a summons, and they stated that P.S.A. #2 officers were involved in the arrest.
[redacted] explained that he and his wife let [redacted] play in the hallways of their building and adjoining buildings so that he does not play outside where it is not safe.
February 5, 2003: The victim [redacted] a [redacted]-old black male [redacted], was interviewed on this date at his residence, [redacted] in Brooklyn (enc. 6a-c). On 1/27/03 at approximately 8:00 PM, [redacted] was on the second floor of a stairwell near a window within [redacted] waiting for a friend to join him. (The location of the incident was later determined by police officer testimony and police department documents to be [redacted] Two police officers, identified during the investigation as Lieutenant Brian McGee and Lieutenant John D'Adamo of P.S.A. #2, entered the hallway and asked him what he was doing (Allegation A). He told them, "I'm waiting for a friend." The officers asked him, "Where does your friend live?" [redacted] replied, "In [redacted]." The officers then asked him, "Why are you in this building?" [redacted] repeated, "I'm waiting for my friend."
One of the officers asked [redacted] to put his hands up on the nearby window and frisked him. [redacted] complied with the officer's requests. The officer removed a hat, gloves and keys from [redacted]'s pockets. The two officers led [redacted] down a stairwell where... Read report for details.


Details

Incident: January 27, 2003
Received: January 29, 2003
Closed: March 29, 2004

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 73rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Anthony Votino