NYPD Captain pulls gun on two kids playing tag.

BY Thomas Tracy, Larry Mcshane

NEW YORK DAILY NEWS
Updated: Thursday, October 8, 2015

NYC PAPERS OUT. Social media use restricted to low res file max 184 x 128 pixels and 72 dpi Jefferson Siegel/New York Daily News

NYPD Capt. Brian McCaughey will lose 30 paid vacation days after he pleaded guilty to a 2013 incident in which he pulled a gun and screamed at two kids who were playing tag on a Brooklyn street.

An NYPD captain lost 30 days of paid vacation Thursday for pointing his gun at two skinny kids harmlessly playing tag on a Brooklyn street — and profanely ordering the pair to drop face down.

“Motherf—–, get on the ground!” a hyped-up Capt. Brian McCaughey shouted with his weapon needlessly drawn, according to relatives of the two boys and sources.

He then handcuffed 13-year-old Kesean Smalls as frightened 12-year-old Jahniel Hinds cowered behind his mother on the evening of Sept. 13, 2013, according to family members.

Minutes earlier, the boys were playing tag outside their homes on Quincy St. in Bedford-Stuyvesant. Hinds bolted in terror as his friend Smalls was cuffed and grilled by another cop, family members said.

“We were playing. As we were running towards each other that’s when they started aiming their guns and everything,” Smalls said.

They were only released when Jahniel’s mom Corinia intervened — and McCaughey realized he was four blocks away from the right address on Clifton St., sources said.

The ruling after a departmental trial at One Police Plaza ended a two-year fight for justice for the boys’ angry families.

“I was just hoping that the (cops) didn’t pull the trigger,” said Kesean’s grandmother Yvonne Smalls, recalling the erroneous near-arrest.

“I didn’t even ask ‘What did he do?’ because Kesean has always been a non-confrontational kid. It was more a matter of ‘Why are you doing this?’”

From left to right: Kesean Smalls, 15; his grandmother, Yvonne Smalls, 50; Jahniel Hinds, 14; his mom, Corinia Sivers, 39, stand outside police headquarters on Thursday. Alex Rud

From left to right: Kesean Smalls, 15; his grandmother, Yvonne Smalls, 50; Jahniel Hinds, 14; his mom, Corinia Sivers, 39, stand outside police headquarters on Thursday.

McCaughey, who was a lieutenant at the time of the incident, pleaded guilty and agreed to the docking of 30 vacation days as his penalty in the case investigated by the Citizens Complaint Review Board. NYPD Commissioner Bill Bratton must still sign off on the deal.

“Pointing a gun at two young boys, who had done nothing other than play tag on their own street, was a reckless use of force that traumatized them and created an extremely dangerous situation,” said CCRB executive director Mina Malik.

The sentence followed more than two hours of haggling as McCaughey tried to reduce the loss of time to 18 vacation days. The Captains Endowment Association charged the ruling exposed the CCRB’s “bias.”

“It also reveals their true bias against anyone wearing a uniform and their need for public floggings at the expense of due process of rights of officers,” said union head Roy Richter.

Jahniel’s mom Corinia Sivers said two words from the NYPD could have ended the contentious case: We’re sorry.

“I asked for an apology because I know that mistakes happen, but they never did,” said the 39-year-old mom. “All they were doing was running and playing tag.”

The overly aggressive McCaughey was bigger, stronger and better armed that his prey that evening: The 5-foot-6, 96-pound Smalls and the 4-foot-9, 88-pound Hinds.

It was the first CCRB case of his 13-year career, sources said. The 37-year-old cop refused to comment before leaving the building.

Thomas Tracy & Larry Mcshane, “NYPD captain pleads guilty to improper use of force for pulling gun on two kids playing tag”, October 8, 2015,
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