Press Release

TWO POLICE OFFICERS INDICTED FOR FORCIBLE TOUCHING AND BURGLARY WHILE ON DUTY IN JACKSON HEIGHTS TWO POLICE OFFICERS INDICTED FOR FORCIBLE TOUCHING AND BURGLARY WHILE ON DUTY IN JACKSON HEIGHTS

Queens District Attorney Melinda Katz announced that Justin McMillan and Justin Colon, NYPD officers with the 115th precinct, have been indicted on charges of burglary, forcible touching, official misconduct and other crimes in relation to a chain of events that took place on July 19 and July 20, 2024. As alleged, the defendants responded to a 311 call of prostitution inside a residential building on 89th Street. When the probationary officers arrived, they shut off their body-worn cameras and took a key to the building from the woman who just exited. McMillan and Colon then proceeded with their foot patrol.

Eight hours later, the duo returned to the location, unlocked the door to the premises with the taken key and found a woman engaging in prostitution with a man. The man immediately left, and McMillan proceeded to steal money from the victim before touching her breast and buttock. The officers returned to their stationhouse without filing any paperwork on either of the incidents.

District Attorney Katz said: “The allegations in this case are an affront to the shield worn by the countless police officers who serve and protect the residents of this city. The defendants, both sworn NYPD officers, are accused of using their authority to break into a building, steal money and forcibly touch a woman while on duty, with their body-worn cameras intentionally turned off so that their misdeeds would not be recorded. I thank the NYPD’s Internal Affairs Bureau for their crucial assistance in bringing charges against the two defendants, both of whom are now indicted and face justice in our courts.”

NYPD Commissioner Jessica S. Tisch said: “Wearing the uniform of a New York City Police Officer is one of the highest privileges in law enforcement, and the legitimacy of that work is based on the public’s trust. So when that trust is broken, as it was in this case, the entire police department must answer for it. I want to thank the NYPD’s Internal Affairs Bureau, the Queens District Attorney’s Office, and everyone else who worked on this investigation. We hold our officers to the highest standard of professionalism and integrity, and failing to meet that standard is disqualifying. Let me be perfectly clear: Any officer who violates their oath will be investigated, exposed, and held fully accountable. That standard will never change.”

McMillan, 27, of Atlantic Beach in Nassau, and Colon, 24, of Long Island City in Queens, were arraigned today on an eight-count indictment charging them with burglary in the second and third degrees, forcible touching, petit larceny and four counts of official misconduct.

Supreme Court Justice Jessica Earle-Gargan ordered the defendants to return to court April 28. If convicted of the top count, they face a potential maximum sentence of 15 years in prison.

DA Katz said that, according to the indictment and investigation, on July 19 through July 20, 2024, McMillan and Colon were working as partners on foot patrol and were assigned to respond to a 311 call for prostitution at a residential building on 89th street in Jackson Heights.

The officers responded to the building and shut off their body-worn cameras after stating: “I don’t see anything.” They then lingered around the building and approached a woman as she exited a side door. The officers held the door to prevent it from closing and motioned for her to enter the premises with them. She walked with them to an interior door that was locked.

The officers allegedly dumped her personal bag onto the floor and took the keys to the interior door, after which the woman ran out of the building. The officers left the location and proceeded to continue with their patrol without reporting any of what transpired.

Approximately eight hours later, both officers returned to the location on 89th Street, while still on duty. With their body-worn cameras deactivated, they used the key to gain access into the building. Once inside, they encountered a woman engaging in prostitution with a man, who immediately fled the location.

Officer McMillan went into the victim’s purse and took a sum of money without permission. He then grabbed her breast and rubbed her buttocks, at which point she ran out of the location and called 911 with the help of others.

The officers returned to the precinct stationhouse without reporting any of what occurred or filling out any paperwork.

The 911 call placed during the second incident led to the start of the investigation, which was conducted by members of the NYPD’s Internal Affairs Bureau (IAB) and the District Attorney’s Public Corruption Bureau.

McMillan entered the academy in April 2023 and was assigned to the 115th precinct in October 2023. Colon entered the academy in July 2023 and was assigned to the 115th precinct in January 2024.

Both officers were placed on modified duty in August 2024.

McMillan and Colon surrendered this morning to Sergeant Andrew Bhagan of IAB’s Sexual Assault Investigation Unit. The defendants are now suspended from the NYPD.

Assistant District Attorney Christine Oliveri, Chief of the District Attorney’s Public Corruption Bureau, is prosecuting the case with the assistance of Assistant District Attorney Gregory K. Balkam, under the supervision of Executive District Attorney for Investigations Gerard A. Brave.

**Criminal complaints and indictments are accusations. A defendant is presumed innocent until proven guilty.

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