Complaint #201901999,
February 25, 2019

Officer: Mckenith, Malachi
Complainant: Black Male, 50
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Mckenith, Malachi
Complainant: Black Male, 50
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mckenith, Malachi
Complainant: Black Male, 50
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Mckenith, Malachi
Complainant: Black Male, 50
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Velasquez, Carlos
Complainant: Black Male, 50
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Mckenith, Malachi
Complainant: Black Male, 50
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Mckenith, Malachi Black Male, 50 Abuse of Authority: Forcible Removal to Hospital Exonerated
Mckenith, Malachi Black Male, 50 Force: Physical force Exonerated
Mckenith, Malachi Black Male, 50 Discourtesy: Word Substantiated (Charges)
Mckenith, Malachi Black Male, 50 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Velasquez, Carlos Black Male, 50 Abuse of Authority: Forcible Removal to Hospital Exonerated
Mckenith, Malachi Black Male, 50 Force: Chokehold Substantiated (Charges)

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.
'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
Forfeit vacation 5 days
Closed: Resolved by plea, August 9, 2024
APU Command Discipline B
Forfeit vacation 5 days / Command Discipline B

Summary

On February 25th, 2019, at around 10:25pm, Department of Homeless Services (DHS) officers prevented [redacted] entering [redacted] Shelter, located at [redacted] in the Bronx, because they believed [redacted] was intoxicated. [redacted] called for NYPD assistance and Police Officer Malachi McKenith and Police Officer Carlos Velasquez, both of the 40th Precinct, responded. PO McKenith told [redacted] "I don't have time for this shit," and that he, "did not want to hear shit" (Allegation A: Discourtesy, [redacted]). PO McKenith also allegedly stated that he was an Israelite and that he, "did not have time for this shit, nigger" (Allegation B: Offensive Language, [redacted]). PO McKenith then threw [redacted] to the ground (Allegation C: Force, [redacted]). After handcuffing [redacted], PO McKenith lifted [redacted] up from the ground using the hood of his sweatshirt, which pulled the neck of the sweatshirt against [redacted]'s neck (Allegation D: Force, [redacted]). After [redacted] was handcuffed, he was transported via ambulance to [redacted] Hospital (Allegations E and F: Abuse of Authority, [redacted]). While in the ambulance with [redacted], PO McKenith stated, "I don't give a fuck" (Allegation A continued). After being seen by a doctor, [redacted] was released from the hospital. [redacted] Read report for details.


Details

Incident: February 25, 2019
Received: March 6, 2019
Closed: June 8, 2020
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Other
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Video evidence collected