Complaint #201400407,
January 8, 2014

Officer: Mckenith, Malachi
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gutierrez, Manuel
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mckenith, Malachi
Complainant: Black Male, 17
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mckenith, Malachi Black Male, 17 Force: Physical force Substantiated (Command Discipline B)
Gutierrez, Manuel Black Male, 17 Force: Physical force Substantiated (Command Discipline B)
Mckenith, Malachi Black Male, 17 Force: Chokehold Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalties

Mckenith, Malachi
Command Discipline - B

Gutierrez, Manuel
Command Discipline - B

Summary

On January 8, 2014, [redacted] had been arrested for an unrelated incident, and was being held in one of the 40th Precinct stationhouse cells. At approximately 5:30 p.m., PO Malachi McKenith, and PO Manuel Gutierrez then began taking prisoners out of their cells to be transported to Central Booking. When [redacted] was taken out of the cell, he stated that he became verbally resistant of the aggressive manner in which PO Gutierrez was searching him, especially near his groin. As a result, PO McKenith approached [redacted] and allegedly kneed him in the groin, causing [redacted] to bend over in pain which was then followed by PO McKenith allegedly kneeing [redacted] on the right side of his head (Allegation A). [redacted] fell to the floor and PO McKenith allegedly punched [redacted] in the back of the head (within Allegation A). PO Mckenith then allegedly placed his knee on the side of [redacted] s neck while holding him down for three minutes (Allegation B). While still on the floor, PO Gutierrez allegedly punched [redacted] twice in the face, once in the nose and once in the mouth, causing a laceration to [redacted] Is lip (Allegation C). At that point Sgt. Briggs entered the cell area, at which point the force ceased. Read report for details.


Details

Incident: January 8, 2014
Received: January 14, 2014
Closed: March 24, 2015

Reason for contact: Other
Location: Police building
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Willie Briggs, Edgar Clases