Incident

Incident Description

On July 18, 2021, Detective Richard Hy and other officers responded to a robbery call near Pennsylvania and Trenton Streets. Detective Hy arrived first, spoke to the victim, and drove him to the location to attempt to identify the suspects. Upon arrival, the victim identified several individuals, including a 14-year-old minor, as responsible for the robbery.

During the attempted apprehension, one individual threw a fanny pack containing a firearm to another, and both fled. Officer Frascatore apprehended one suspect and recovered the gun. Detective Hy returned to the scene and approached the minor, referring to him as “fat boy.” When the minor questioned this, Detective Hy grabbed him by the back of the shirt and pushed him into a police car.

Bystanders, including the 14-year-old’s family members, protested that he was a minor. Detective Hy responded aggressively, including yelling “I don’t give a fuck” and physically pushing multiple individuals: the minor's brother, father, and a bystander recording the incident.

The minor and his brother were subsequently arrested, with force used during the arrests. The situation became chaotic when the brother tried to open the police car door. Later, after securing another individual identified by the victim, Detective Hy shouted from his car window at the crowd: “You’re going to jail for robbery with a firearm, have a nice day!”

Internal Investigation and Findings

-The Internal Affairs Division (IAD) investigated the incident. Detective Hy was exonerated regarding allegations of excessive force but found to have violated departmental policies on discourtesy.

-The discourtesy violation was addressed at a Deputy Commissioner Conference with no further disciplinary action taken.

Independent Review Conclusions

-Discourtesy Violation: Detective Hy violated Chapter I, Section 2.13 of BPD’s Rules and Regulations. His use of the term “fat boy,” repeated cursing at bystanders, and taunting remarks unnecessarily escalated an already tense situation.

-Use of Force Violation: Detective Hy violated BPD’s Use of Force Policy, Section 6.2, which requires officers to use de-escalation techniques when practicable. His aggressive physical and verbal conduct toward bystanders unnecessarily escalated the encounter and led to avoidable use of force.

-Overall Conclusion: Detective Hy committed misconduct by violating department policies on courtesy and the use of force.