Complaint #202307373,
April 24, 2023

Officer: Webb, Jermaine
Complainant: Black Male, 40-44
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Substantiated (Charges)
Officer: Webb, Jermaine
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mckenith, Malachi
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Jeffrey, Jamel
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unable to Determine
Officer: Mckenith, Malachi
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Webb, Jermaine
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rosario, Deredel
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Sexual Miscon (Forcible Touching)
CCRB Conclusion: Unable to Determine
Recategorized as: Abuse of Authority: Other
Officer: Rosario, Deredel
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unable to Determine
Officer: Rosario, Deredel
Complainant: Black Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Unable to Determine
Officer: Jeffrey, Jamel
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Rosario, Deredel
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unable to Determine
Officer: Jeffrey, Jamel
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Mckenith, Malachi
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Conclusion
Webb, Jermaine Black Male, 40-44 Force: Other blunt instrument as a club Substantiated (Charges)
Webb, Jermaine Black Male, 40-44 Force: Physical force Substantiated (Command Discipline B)
Mckenith, Malachi Black Male, 40-44 Discourtesy: Word Unfounded
Jeffrey, Jamel Black Male, 40-44 Abuse of Authority: Refusal to process civilian complaint Unable to Determine
Mckenith, Malachi Black Male, 40-44 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
Webb, Jermaine Black Male, 40-44 Discourtesy: Word Substantiated (Command Discipline A)
Rosario, Deredel Black Male, 40-44 Abuse of Authority: Sexual Miscon (Forcible Touching) Unable to Determine
Recategorized as Abuse of Authority: Other
Rosario, Deredel Black Male, 40-44 Abuse of Authority: Threat of force (verbal or physical) Unable to Determine
Rosario, Deredel Black Male, 40-44 Discourtesy: Word Unable to Determine
Jeffrey, Jamel Black Male, 40-44 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Rosario, Deredel Black Male, 40-44 Abuse of Authority: Strip-searched Unable to Determine
Jeffrey, Jamel Black Male, 40-44 Force: Physical force Within NYPD Guidelines
Mckenith, Malachi Black Male, 40-44 Force: Physical force Within NYPD Guidelines

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Webb, Jermaine
Closed: Retained, with discipline, October 20, 2024
APU Closed: Retained, with discipline
Forfeit vacation 1 days

Mckenith, Malachi
No Disciplinary Action-DUP
No penalty

Summary

On April 24, 2023, at approximately 9:00 PM, [redacted] went to the 40th Precinct stationhouse to make a complaint against police officers about something he saw on the news. Police Officer Jamal Jeffrey of the 40th Precinct allegedly told him he could not file this complaint (Allegation A: Abuse of Authority – Refusal to Process Civilian Complaint, [redacted]). As Police Officer Jermaine Webb of the 40th Precinct attempted to exit the stationhouse, he struck [redacted] with a metal gate and then pushed [redacted] (Allegations B and C: Force – Other Blunt Instrument as Club, Physical Force; [redacted]). PO Webb called [redacted] "soft" and "broke" (Allegation D: Discourtesy – Word, [redacted]). Police Officer Malachi McKenith of the 40th Precinct aimed his Taser at [redacted] and allegedly said, "You better not move or we're gonna Taser your ass" (Allegation E: Abuse of Authority – Threat of Force, [redacted] Allegation F: Discourtesy – Word, [redacted]). PO Jeffrey allegedly threatened to use a Taser against [redacted] (Allegation G: Abuse of Authority – Threat of Force, [redacted]). [redacted] was placed under arrest [02 Board Review], and PO Webb, PO Jeffrey, and PO McKenith carried [redacted] into the stationhouse, and then into the cell area (subsumed within Allegation C; Allegations H and I: Force – Physical Force, [redacted]).
[redacted] was held at the 40th Precinct stationhouse until he was released on April 25, 2023, at approximately 7:30 PM. During that period, at an unknown time, while [redacted] returned to his holding cell from the bathroom, Police Officer Deredel Rosario of the 40th Precinct allegedly placed [redacted] against a wall and searched him, squeezing [redacted] penis while he searched (Allegation J: Abuse of Authority – Forcible Touching; [redacted]). [redacted] attempted to push off the wall, allegedly prompting PO Rosario to say, "Shut up, don't move. If you move, I'll fuck you up” (Allegations K and L: Abuse of Authority – Threat of Force, Discourtesy – Word; [redacted]). PO Rosario... Read report for details.


Details

Incident: April 24, 2023
Received: August 8, 2023
Closed: September 20, 2024
Last Updated: October 23, 2024

Reason for contact: C/V at PCT to file complaint of officer misconduct
Location: Public space/building
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Dan Ast, Chastidy Deterville, Dennis Driscoll, Peter Murtsef, John Sosa, Geovanni Varela
Body-Worn Camera evidence collected