Complaint #201808002,
September 8, 2018

Officer: Mahon, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Kenny, Kevin
Complainant: Male, 20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mahon, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mahon, Brian
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Kenny, Kevin
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Kenny, Kevin
Complainant: Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mahon, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Mahon, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Kenny, Kevin
Complainant: Male, 20
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Kenny, Kevin
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Mahon, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Mahon, Brian
Complainant: Male, 20
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mahon, Brian Male, 20 Abuse of Authority: Stop Substantiated (Command Discipline B)
Kenny, Kevin Male, 20 Abuse of Authority: Stop Substantiated (Command Discipline B)
Mahon, Brian Male, 20 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Mahon, Brian Abuse of Authority: Gun Drawn Unsubstantiated
Kenny, Kevin Abuse of Authority: Gun Drawn Unsubstantiated
Kenny, Kevin Male, 20 Force: Physical force Unsubstantiated
Mahon, Brian Male, 20 Abuse of Authority: Strip-searched Unsubstantiated
Mahon, Brian Male, 20 Abuse of Authority: Search (of person) Unsubstantiated
Kenny, Kevin Male, 20 Abuse of Authority: Strip-searched Unsubstantiated
Kenny, Kevin Male, 20 Abuse of Authority: Refusal to provide name Unsubstantiated
Mahon, Brian Male, 20 Abuse of Authority: Refusal to provide name Unsubstantiated
Mahon, Brian Male, 20 Abuse of Authority: Refusal to provide shield number Unsubstantiated

Conclusion Meanings:

'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.


Penalties

Kenny, Kevin
Command Discipline - A

Mahon, Brian
Command Discipline - A

Summary

On September 8, 2019, at approximately 11:00 a.m., [redacted] was walking North on Washington Avenue, near the Northeast corner of East 168th Street and Washington Avenue, in the Bronx, when he was stopped by Police Officer Brian Mahon and Lieutenant Kevin Kenny, both of the Patrol Borough Bronx Anti-crime team (Allegations A and B: Abuse of Authority – Stop, [redacted]). Upon exiting their vehicle, PO Mahon and Lieutenant Kenny allegedly drew their guns, pointing them to the ground as they approached [redacted] (Allegations C and D: Abuse of Authority – Gun Drawn, [redacted]). When they approached, Lieutenant Kenny pushed [redacted] back from the curb on Washington Avenue, five to 15 feet, against a gate (Allegations E: Force – Physical force, [redacted]).
As [redacted] was held against the gate, PO Mahon frisked him, allegedly searched his pockets, and allegedly pulled down his pants to search inside [redacted]s underwear between his legs (Allegation F: Abuse of Authority – Frisk, [redacted]) (Allegation G: Abuse of Authority – Search of person, [redacted]) (Allegation H: Abuse of Authority – Strip search, [redacted]). After PO Mahon's searches failed, Lieutenant Kenny allegedly placed his hand into [redacted]s underwear to search (Allegation I: Abuse of Authority – Strip search, [redacted]).
The officers ultimately let [redacted] go and they began to walk back to their unmarked vehicle; at which time, [redacted] asked them both for their names and shield numbers; however, they did not provide the information (Allegations J and K: Abuse of Authority – Refusal to provide name, [redacted]) (Allegation L: Abuse of Authority – Refusal to provide shield number, [redacted]).
[redacted] provided a cell phone video recording of the incident, which captured the end of the interaction as the officers left the scene (Board Review 01). Read report for details.


Details

Incident: September 8, 2018
Received: September 17, 2018
Closed: November 20, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: No arrest made or summons issued

Video evidence collected