Complaint #202105543,
September 12, 2021

Officer: Liu, Malcolm
Complainant: Hispanic Male, 60-64
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: APU Command Discipline A
Officer: Liu, Malcolm
Complainant: Hispanic Male, 60-64
Allegation: Discourtesy: Action
CCRB Conclusion: Unfounded
Officer: Liu, Malcolm
Complainant: Hispanic Male, 60-64
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unfounded
Officer: Liu, Malcolm
Complainant: Hispanic Male, 60-64
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Disposition: APU Dismissed
Officer Complainant Allegation CCRB Conclusion
Liu, Malcolm Hispanic Male, 60-64 Abuse of Authority: Threat re: removal to hospital Substantiated (Command Discipline B)
NYPD Disposition: APU Command Discipline A
Liu, Malcolm Hispanic Male, 60-64 Discourtesy: Action Unfounded
Liu, Malcolm Hispanic Male, 60-64 Abuse of Authority: Interference with recording Unfounded
Liu, Malcolm Hispanic Male, 60-64 Abuse of Authority: Search of recording device Substantiated (Command Discipline A)
NYPD Disposition: APU Dismissed

Conclusion Meanings:

'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.

Further details on conclusions.


Penalty

Liu, Malcolm
Forfeit vacation 5 days
Closed: Resolved by plea, May 15, 2024
Forfeit vacation 5 days / Command Discipline A

Summary

On September 12, 2021, at approximately 11:45 a.m., [redacted] was inside Central Park, near East 62nd Street and 5th Avenue, in Manhattan, when someone allegedly sprayed him on his face with a toxic chemical. PO Malcolm Liu and PO Kevin McMahon of the Central Park Precinct responded to the incident location. At some point, PO Liu allegedly snatched [redacted] phone out of his hand as [redacted] recorded the incident. As a result, the video [redacted] was recording ended (Allegation A: Discourtesy - Action, (Allegation B: Abuse of Authority - Interference with recording device, [redacted]. Right after, PO Liu began to manipulate [redacted] phone as he opened the videos he recorded (Allegation C: Abuse of Authority - Search of recording device, [redacted]. At some point, PO Liu told [redacted] not to call 911 again and that if he called 911one more time, he would bring an ambulance with him to take him to the hospital (Allegation D: Abuse of Authority - Threat of removal to hospital, [redacted]. At the end, PO Liu and PO McMahon left the scene. [redacted] was not issued any summonses, arrested or taken to the hospital. Read report for details.


Details

Incident: September 12, 2021
Received: September 15, 2021
Closed: January 19, 2023
Last Updated: May 17, 2024

Reason for contact: C/V requested investigation of crime
Location: Street/highway
Outcome: No arrest made or summons issued

Witness Officers: Benjamin Beiro, Kevin Mcmahon, Nicholas Noto
Body-Worn Camera evidence collected
Video evidence collected