Complaint #201510775,
December 22, 2015

Officer: Mcloughlin, John
Complainant: Black Male, 15
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Mcloughlin, John
Complainant: Black Male, 15
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Mcloughlin, John
Complainant: Black Male, 15
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer: Mcloughlin, John
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Charges)
Officer: Mockel, Kevin
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Charges)
Officer: Mockel, Kevin
Complainant: Black Male, 42
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Mcloughlin, John
Complainant: Black Male, 42
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Mockel, Kevin
Complainant: Black Male, 42
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Mcloughlin, John Black Male, 15 Abuse of Authority: Stop Substantiated (Charges)
Mcloughlin, John Black Male, 15 Abuse of Authority: Frisk Substantiated (Charges)
Mcloughlin, John Black Male, 15 Abuse of Authority: Search (of person) Substantiated (Charges)
Mcloughlin, John Black Male, 42 Abuse of Authority: Refusal to provide name/shield number Substantiated (Charges)
Mockel, Kevin Black Male, 42 Abuse of Authority: Refusal to provide name/shield number Substantiated (Charges)
Mockel, Kevin Black Male, 42 Discourtesy: Word Unfounded
Mcloughlin, John Black Male, 42 Discourtesy: Word Unfounded
Mockel, Kevin Black Male, 42 Abuse of Authority: Threat of summons 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Mcloughlin, John
Forfeit vacation 7 days
Closed: Resolved by plea, February 1, 2018
APU Guilty
Forfeit vacation 7 days

Mockel, Kevin
Forfeit vacation 5 days
Closed: Plea set aside, Instructions, March 5, 2018
APU Dismissed
Instructions

Summary

On December 22, 2015, at approximately 1:50 p.m., [redacted] and his [redacted] -old son, [redacted] were inside [redacted] Is vehicle in the vicinity of [redacted] in the Bronx. [redacted] testified that he had just taken [redacted] to a theater to see a movie when they stopped to pick up food from a Jamaican Bakery located at [redacted] [redacted] exited the vehicle and entered the bakery while [redacted] remained inside the vehicle, parked directly in front of the bakery.
While [redacted] stood in line inside the bakery, PO John McLoughlin of the 47th Precinct entered the bakery and escorted [redacted] outside (Allegation A). Video footage from inside the bakery captures this from two separate angles.
Just outside the bakery, and not captured on video, PO McLoughlin frisked [redacted] (Allegation B) and allegedly searched inside [redacted] s front sweatshirt pocket and front pants pockets (Allegation C).
PO McLoughlin testified that he stopped [redacted] because [redacted] matched the description of a perpetrator for a dispute with a firearm job at [redacted] which was transmitted over the radio a couple minutes prior (Board Review 01). [redacted] is approximately 230 feet from [redacted] and [redacted] between the two locations (Board Review 02). The radio transmission regarding the alleged dispute with a firearm indicated that the perpetrator was a heavy-set male with long hair, wearing a red shirt and black pants (Board Review 03). [redacted] is a slim black male with short hair, and he was wearing a red hooded sweatshirt and dark pants during the incident.
After PO McLoughin escorted [redacted] out of the bakery, [redacted] exited his vehicle, which he left double parked directly in front of [redacted] and asked what was happening with respect to his son. [redacted] alleged that PO McLoughlin responded by saying, "Shut the fuck up," (Allegation D). [redacted] alleged that PO Kevin Mockel of the 47th Precinct told him that if he did not "shut the fuck up," that he would be issued a summons for double... Read report for details.


Details

Incident: December 22, 2015
Closed: March 31, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD 47th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Elvis Cole, Joseph Helgerson, Miguel Sanchez, Edwin Vega
Video evidence collected