Complaint #201604078,
May 5, 2016

Officer: Mccafferty, James
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Mccafferty, James
Complainant: Black Male, 25
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Mccafferty, James
Complainant: Black Male, 25
Allegation: Abuse of Authority: Gun Drawn
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Mccafferty, James
Complainant: Black Male, 25
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Mccafferty, James
Complainant: Black Male, 25
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Substantiated (Instructions)
Officer: Mccafferty, James
Complainant: Black Male, 25
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Mccafferty, James Black Male, 25 Abuse of Authority: Vehicle stop Exonerated
Mccafferty, James Black Male, 25 Abuse of Authority: Refusal to provide name/shield number Unfounded
Mccafferty, James Black Male, 25 Abuse of Authority: Gun Drawn Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Mccafferty, James Black Male, 25 Abuse of Authority: Threat of arrest Unsubstantiated
Mccafferty, James Black Male, 25 Abuse of Authority: Threat to damage/seize property Substantiated (Instructions)
Mccafferty, James Black Male, 25 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated

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.
'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

Mccafferty, James
No Disciplinary Action-DUP
No penalty

Summary

On May 5, 2016, at approximately 5:30 a.m., [redacted] was driving to work when he stopped at a red light at the intersection of King's Highway and Snyder Avenue in Brooklyn. Two officers identified by the investigation as Detective James Mccafferty of Brooklyn South Homicide and Detective Michelle Morra of the 70th Precinct Detective Squad approached [redacted]'s vehicle on foot (Allegation A). Det. Mccafferty allegedly threatened to drag [redacted] out of the car and to the stationhouse (Allegations B and C). [redacted] reached towards his glove compartment to retrieve his registration and insurance, and Det. Mccafferty allegedly reacted by pulling out his gun (Allegation D). [redacted] was filming video using his cell phone, with the camera's flash light activated. Det. Mccafferty and Det. Morra both repeatedly asked [redacted] not to shine the light in their eyes because they could not see. After two requests, Det. Mccafferty said to [redacted] "If you put that in my face one more time, I'm going to break it. Do you understand?" (Allegation E) Later in their interaction, [redacted] asked Det. Mccafferty, "Officer what's your name please?" Det. Mccafferty allegedly did not provide his name (Allegation F). Despite multiple requests by both Det. Mccafferty and Det. Morra, [redacted] never provided identification, registration or insurance. [redacted] was released without any summonses or arrest.
[redacted] recorded cell phone video of the incident, beginning at an unknown point in the incident and continuing until after the officers departed. [redacted] played the video during his CCRB interview and allowed it to be recorded by the CCRB from his phone. Read report for details.


Details

Incident: May 5, 2016
Received: May 12, 2016
Closed: October 7, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Michelle Bergami
Video evidence collected