Complaint #201501145,
February 12, 2015

Officer: Mccarthy, Michael
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Mccarthy, Michael
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Mccarthy, Michael
Complainant: Black Male, 30
Allegation: Discourtesy: Gesture
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Action
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Mccarthy, Michael Black Male, 30 Discourtesy: Word Substantiated (Formalized Training)
Mccarthy, Michael Black Male, 30 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
Mccarthy, Michael Black Male, 30 Discourtesy: Gesture Unsubstantiated
Unknown Officer Black Male, 30-34 Discourtesy: Action Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Force: Physical force Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Discourtesy: Word Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalty

Mccarthy, Michael
Formalized Training

Summary

On February 12, 2015, at approximately 11:00 p.m., [redacted] parked at the corner of Beach 44th Street and Beach Channel Drive in Queens to go to a corner store. Before exiting his vehicle, he was stopped by two officers identified via the investigation as PO Michael McCarthy and Lt Brian Caltabiano of the 101st Precinct for excessive tints. After learning that [redacted] was driving with a restricted license, PO McCarthy issued [redacted] a summons for [redacted]. As the officers returned to their RMP, PO McCarthy blew [redacted] a kiss (Allegation A).
[redacted] felt mistreated and did not understand why he was issued a summons for a [redacted] when he had been told he was pulled over for illegal tints. He proceeded to the 101st Precinct Stationhouse to address these concerns, and arrived there at approximately 11:30 p.m. While [redacted] was speaking with an officer at the stationhouse, PO McCarthy entered the stationhouse and approached [redacted]. PO McCarthy told [redacted] "Pussy, why don't you just take it up in court. I should punch you right in your face," (Allegations B and C). PO1 then grabbed [redacted] by his waist and swung him around through one of the two entrance doors (Allegation D). [redacted] dropped his summons and license and asked PO1 if he could pick the documents up. PO1 responded, "No. Get the fuck out of here," (Allegation E). He then pushed [redacted] through the second set of doors and kicked his license and summons through the doorway (Allegation F). [redacted] summons blew away in the wind. A referral was made to the Chief of Department in regards to the summons dispute. Read report for details.


Details

Incident: February 12, 2015
Received: February 18, 2015
Closed: August 3, 2015

Reason for contact: Other violation of VTL
Location: Police building
In NYPD 101st Precinct Queens
Outcome: Other VTL violation summons issued

Witness Officers: Caron Addesso, Brian Caltabiano