Complaint #201706698,
August 7, 2017

Officer: Unknown Officer
Complainant: Black Male, 10-14
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Moore, Brittany
Complainant: Black Male, 13
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Male
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Mckenith, Malachi
Complainant: Male
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Mckenith, Malachi
Complainant: Black Male, 13
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 10-14 Force: Physical force Officer(s) Unidentified
Mckenith, Malachi Black Male, 13 Force: Physical force Exonerated
Mckenith, Malachi Black Male, 13 Force: Other Unsubstantiated
Mckenith, Malachi Black Male, 13 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Mckenith, Malachi Black Male, 13 Abuse of Authority: Stop Exonerated
Mckenith, Malachi Black Male, 13 Force: Physical force Unsubstantiated
Mckenith, Malachi Black Male, 13 Abuse of Authority: Threat of arrest Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Mckenith, Malachi Black Male, 13 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Mckenith, Malachi Black Male, 13 Discourtesy: Action Unsubstantiated
Mckenith, Malachi Black Male, 13 Abuse of Authority: Threat of arrest Unsubstantiated
Mckenith, Malachi Black Male, 13 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Moore, Brittany Black Male, 13 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Mckenith, Malachi Black Male, 13 Abuse of Authority: Stop Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Mckenith, Malachi Black Male, 13 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Mckenith, Malachi Black Male, 13 Force: Chokehold Unsubstantiated
Mckenith, Malachi Male Abuse of Authority: Threat of arrest Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Mckenith, Malachi Black Male, 13 Abuse of Authority: Retaliatory arrest Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Mckenith, Malachi Male Abuse of Authority: Stop Unsubstantiated
Mckenith, Malachi Black Male, 13 Force: Chokehold 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.
'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.
'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

Mckenith, Malachi
Formalized Training

Summary

On August 7, 2017, at approximately 5:15 p.m., Police Officer Malachi Mckenith of the 40th Precinct, who was working with Police Officer Andre Whyte of the 40th Precinct, stopped [redacted] and an unidentified individual near East 140th Street and Alexander Avenue in the Bronx (Allegations A and B). [redacted] ran away and PO Mckenith pursued him then pushed him, causing [redacted] to fall (Allegation C). [redacted] alleged that after handcuffing him, PO Mckenith pulled him off the ground by his hood, restricting his breathing with the chokehold (Allegations D and E). Per [redacted]s and [redacted]s statements, after [redacted] was arrested for robbery and taken to the stationhouse, PO Mckenith called [redacted] and threatened to use a Taser against [redacted] (Allegation F). [redacted] alleged that PO Mckenith threatened to slap him (Allegation G). [redacted] also alleged that PO Mckenith grabbed him by his neck and Police Officer Brittany Moore of the 40th Precinct threatened to hit him with an asp or baton (Allegations H and I).
On August 14, 2017, at approximately 4:00 p.m., PO Mckenith was driving with PO Moore when he saw [redacted] and his friend, known to the investigation only as [redacted] on the sidewalk at Courtlandt Avenue and East 150th Street in the Bronx. PO Mckenith approached them and threatened to arrest them, then pursued [redacted] when he ran away (Allegations J through L). [redacted] alleged that when PO Mckenith reached him, PO Mckenith grabbed him by his hair (Allegation M). [redacted] was arrested for disorderly conduct and taken to the stationhouse (Allegation N). [redacted] testified that he spit on the floor in the stationhouse then PO Mckenith got a napkin, cleaned up the spit, and wiped it on [redacted]s face (Allegation O). [redacted] also alleged that PO Mckenith threatened to punch him (Allegation P).
On August 16, 2017, at 1:00 or 2:00 p.m., [redacted] testified that he was walking near 560 Brook Avenue in the Bronx when PO Mckenith drove near him and threatened to arrest him... Read report for details.


Details

Incident: August 7, 2017
Received: August 17, 2017
Closed: January 16, 2018

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Muhammad Malik, Andre Whyte