The NYPD and the Office of the Queens District Attorney announced on Monday, March 31, that a rookie police officer, who was previously assigned to The Bronx, was arrested and has been charged on burglary, forcible touching, and other charges in the context of responding to a report of prostitution last year. The NYPD and the DA said another rookie police officer has also been arrested and charged, and both have since been suspended from the NYPD, pending the outcome of a legal case.

 

According to the NYPD and Queens District Attorney Melinda Katz, Justin McMillan and Justin Colon, NYPD officers currently assigned to the 115th Precinct in Queens, were 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.

 

According to the NYPD online database, Colon was previously assigned to NYPD Police Service Area 8 (PSA 8), located at 2794 Randall Avenue in the Throggs Neck section of The Bronx, while McMillan was previously assigned to an area of Manhattan.

 

As alleged, the defendants responded to a 311 call of reported prostitution taking place inside a residential building on 89^th Street in Queens. When the two probationary officers arrived at the location, they reportedly shut off their body-worn cameras and took a key to the building from a woman who had just exited. McMillan and Colon then proceeded with their foot patrol.

 

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

 

Reacting to the case, 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 while on duty, with their body-worn cameras intentionally turned off so that their misdeeds would not be recorded, forcibly touch a woman.”

 

She added, “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.”

 

For her part, 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.”

 

She continued, “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 on Monday 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.

 

According to the Queens DA, 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.

 

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, Queens.

 

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

 

According to the prosecution team, the two officers allegedly dumped the woman’s personal bag onto the floor, took the keys to the interior door, after which the woman in question ran out of the building. The prosecution team said the officers then left the location and proceeded to continue with their patrol without reporting any of what had transpired.

 

They said approximately eight hours later, both officers returned to the location on 89^th Street, while still on duty. They said that with their body-worn cameras deactivated, the two officers used the key to gain access to the building, and once inside, they encountered a woman engaging in prostitution with a man, who immediately fled the location.

 

The prosecution team said McMillan took a sum of money from the victim’s purse without permission, 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.

 

They said the two officers returned to the precinct stationhouse without reporting any of what occurred and without filling out any paperwork.

 

The court heard that 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.

 

According to the Queens DA’s office, McMillan entered the academy in April 2023 and was assigned to the 115^th precinct in October 2023. Colon entered the academy in July 2023 and was assigned to the 115^th precinct in January 2024. Both officers were placed on modified duty in August 2024.

 

According to the Queens DA’s office, McMillan and Colon surrendered Monday morning to Sergeant Andrew Bhagan of IAB’s Sexual Assault Investigation Unit and 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.

 

Both defendants are presumed innocent unless and until convicted in a court of law.

 

The NYPD reiterated that the investigation was initiated by the NYPD’s Internal Affairs Bureau and [the duties of] the officers involved were modified after the alleged misconduct was uncovered and investigated by the NYPD. We were also informed that at the conclusion of the investigation, the NYPD transferred its findings to the Queens District Attorney’s Office and the officers are currently suspended without pay.

 

We called the defense attorney for Colon and left a message asking for comment. We will share any feedback we receive. We also called the defense attorney for McMillan and were informed, “Yeah, I don’t have any comment at this time. I appreciate the call though.” According to reporting by Evewitness News ABC7 NY, the defendants declined to comment when asked during their latest court appearance.

 

Police Service Area 8 serves the New York City Housing Authority developments located in the confines of the 43rd and 45th precincts. The 43rd Precinct covers Westchester Avenue, Castle Hill Avenue, White Plains Road, and Parkchester and the 45th Precinct serves Co-op City and City Island.

 

PSA 8’s Edenwald satellite is located at 1165 E 229th Street, Bronx, NY, 10466. The satellite patrols the New York City Housing Authority development within the 47th precinct, which encompasses Woodlawn, Wakefield, Williamsbridge, Baychester, Edenwald, Olinville, Fishbay, and Woodlawn Cemetery.

 

Read our latest story about how the Freedom Youth Family Justice Center in The Bronx continues to fight sex trafficking here. As previously reported, the nonprofit has long been working to help survivors of human trafficking in The Bronx. Email Moniqueriley@freedomyouthfamilyjusticecenter.org or call (929) 612-3667 for more information.

 

If you are, or know, a victim of human trafficking, trained professional help is available from the Bronx District Attorney’s Human Trafficking Unit. They can be reached at (718) 838-7185.

 

Call NYC’s 24-hour Crime Victims Hotline (1-866-689-HELP or 4357), or the National Human Trafficking Hotline (1-888-373-7888 / TTY 711 or text 233733) for confidential services and supports to get help and stay safe. Visit the NYC HOPE Resource Directory for resources at https://on.nyc.gov/2Ts01xg.

 

Attorney General Letitia James urges anyone who may be a victim of trafficking or who knows someone who may be a victim to call the NYPD’s Trafficking Hotline at 646-610-7272.

To read some of our previous coverage of this issue, click here, here, here and here.

*David Greene contributed to this story.