Complaint #202002751,
April 16, 2020

Officer: Mcphee, Michael
Complainant: Male
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mcphee, Michael
Complainant: Male
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Mcphee, Michael Male Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Mcphee, Michael Male Discourtesy: Word Substantiated (Command Discipline B)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Mcphee, Michael
DAO case
Closed Administratively (No penalty reported)

Summary

At approximately 12:18 a.m. on April 16, 2020, [redacted] was in his apartment on the corner of West 49th Street and 8th Avenue in Manhattan when he observed Police Officer Michael McPhee and Police Officer Paul Chaves, both of Transit Bureau District 1, in their police car on the street level interacting with a pedestrian. PO McPhee went over the PA system of the car and said, "Suck my dick. Suck my dick," (Allegation A: Discourtesy: Word: [redacted]). The pedestrian responded and PO McPhee then said, "Shut the fuck up," and then, "Fuck you," followed by "Fuck you and shut up. You shut up. You suck. Eat a fat one. Suck a fat one," (Also Allegation A). The pedestrian yelled back at the police car and PO McPhee said, "Shut the fuck up. Shut up. Shut the fuck up before I smack the shit out of you. I'll smack the shit out of you," (Also Allegation A and Allegation B: Abuse of Authority: Threat of Force: [redacted]). PO McPhee then said, "Shut the fuck up. Lick my balls. Lick my balls. Fuck you. Fuck you," before he and PO Chaves drove away (Also Allegation A). Read report for details.


Details

Incident: April 16, 2020
Closed: December 22, 2020

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD Midtown North Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Paul Chaves
Video evidence collected