Complaint #201603532,
April 17, 2016

Officer: Mckenith, Malachi
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mckenith, Malachi
Complainant: Black Male, 30
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 30
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Mckenith, Malachi
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Bugalloberet, Gerardo
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer Complainant Allegation CCRB Conclusion
Mckenith, Malachi Black Male, 30 Force: Physical force Exonerated
Mckenith, Malachi Black Male, 30 Force: Other Unsubstantiated
Mckenith, Malachi Black Male, 30 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Mckenith, Malachi Black Male, 30 Discourtesy: Word Unsubstantiated
Mckenith, Malachi Black Male, 30 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Bugalloberet, Gerardo Black Male, 30 Force: Physical force Miscellaneous - Subject Resigned

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.
'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.


Summary

On April 14, 2016, [redacted] physically fought with another civilian, [redacted] In the course of this fight, [redacted] sustained a cut to his lower lip, swelling to the right side of his head and temple, and a black right eye. The police were called, and PO Omar Habib from the 40th Precinct responded and arrested both [redacted] for assault in the second degree (BR 02). [redacted] was transported to [redacted] Hospital for treatment for his injuries. [redacted] made no allegations regarding anything that occurred at the scene of his arrest.
[redacted] was admitted to [redacted] Hospital and received stitches to the cut on his lip. [redacted] remained at the hospital through [redacted], under the guard of multiple different officers while handcuffed and shackled by his right arm and right leg to a cot in a private hospital room. On April 17, 2016, at 3:48 p.m., PO Malachi McKenith arrived at [redacted] Hospital to guard [redacted].
At first PO McKenith and [redacted] got along. PO McKenith linked his pair of handcuffs with the first pair, giving [redacted] more room to move his right arm. PO McKenith also offered to switch [redacted]'s handcuffs from his right wrist to his left to make [redacted] more comfortable, an offer that [redacted] declined. Eventually, however, PO McKenith and [redacted] began speaking about religion. When [redacted] questioned PO McKenith's beliefs, PO McKenith grew angry with [redacted] and allegedly told him that because he did not want to learn about his beliefs, he was going to "stay a nigger," and, "stay in the hood." (Allegation A)
PO McKenith then left [redacted]'s room, coming in and out periodically over the next few hours. At approximately 9 p.m. on April 17, 2016, [redacted] asked PO McKenith if he could switch the handcuffs from his right wrist to his left. PO McKenith refused to do so, telling [redacted] that he had already offered to switch the handcuffs and that [redacted] had declined. PO McKenith and [redacted] had an argument, during which PO McKenith allegedly... Read report for details.


Details

Incident: April 17, 2016
Received: April 25, 2016
Closed: October 7, 2016
Last Updated: December 11, 2024

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime