Howie Carr: Boston’s bad cop blues lands in court
In a troubling exposé of the Boston Police Department (BPD), Boston Police Commissioner Michael Cox faces serious allegations regarding his handling of officer Bryan Augustine, who has a history of misconduct dating back to his hiring in 2018. A recent lawsuit filed by BPD Captain Timothy Gaughan reveals that Cox and his administration attempted to manipulate the disciplinary process to shield Augustine from termination. Gaughan claims he was pressured by Superintendent Phil Owens, acting on behalf of Cox, to downgrade serious charges against Augustine, specifically “Untruthfulness” and “Conduct Unbecoming,” to lesser offenses, allowing Augustine to maintain his certification with the Massachusetts Police Officers Standards and Training (POST) Commission. This alleged cover-up raises significant questions about accountability within the department and Cox’s commitment to upholding ethical standards.
Augustine’s track record is riddled with concerning incidents, including allegations of inappropriate behavior towards civilians, unprofessional conduct while on duty, and even being AWOL. Despite the gravity of these accusations, many of the more serious charges were reportedly dismissed or reduced, raising suspicions about preferential treatment. Gaughan’s lawsuit not only highlights the pressure he faced to protect Augustine but also suggests that he suffered retaliation for refusing to comply, including delays in his promotion and being assigned to a difficult work environment. This situation is further complicated by the contrasting treatment of other officers, such as former officer Joe Abasciano, who was terminated for political tweets but had his case overturned in court. The disparity in how disciplinary actions are applied within the BPD prompts a critical examination of the department’s leadership and raises concerns about systemic issues of favoritism and misconduct.
As the situation unfolds, questions linger about the culture within the BPD and Commissioner Cox’s role in perpetuating it. Why is he not certified by the POST Commission himself? And what other cases might exist where officers like Augustine are being shielded from accountability? Gaughan’s allegations and the ongoing scrutiny of the BPD suggest a deeper issue at play, one that could have far-reaching implications for public trust in law enforcement. With calls for transparency and accountability growing louder, the BPD is at a crossroads, and how it addresses these allegations will be critical in shaping its future and restoring confidence among the communities it serves.
https://www.youtube.com/watch?v=skWMGGqdP68
Why does Boston Police Commissioner Michael Cox keep trying to protect certain very dodgy police officers, at least if they happen to be… a certain type of cop?
Triston Champagnie, Kelly Dever and now a guy by the name of Bryan Augustine.
After skating on all charges since he went on the job in 2018, the BPD has finally, if belatedly decided to (sort of) discipline Augustine.
And it all occurred just as a 34-year-veteran Boston police captain was filing a lawsuit against Cox and the BPD, in which he accused them of trying to force him to broom one of the many cases against Augustine.
The reason Cox et al. wanted the charges reduced against their favorite cop?
According to the lawsuit, it was so that Augustine’s certification wouldn’t be pulled by the Mass Police Officers Standards and Training (POST) Commission. If the POST Commission ever found out about this incident Gaughan was probing, Cox’s little pet “would likely be terminated, an end result they were trying to avoid.”
This civil complaint was filed by BPD Capt. Timothy Gaughan, and he brings the receipts. For a while, he was on Internal Affairs, handling one of the many charges against Augustine.
According to his suit, Gaughan got a call from Cox’s enforcer, Supt.-in-Chief Phil Owens, who told him “he was calling on behalf of Cox.” Owens asked Gaughan to basically reduce the charges against Cox’s pet, Augustine.
Then Owens sent Gaughan a copy of a memo he’d sent to Cox. You can check it out for yourself. In it, the two serious charges against Augustine, “Untruthfulness” and “Conduct Unbecoming,” are crossed out. They are replaced with lesser, survivable charges of “Unreasonable Judgment” and “Neglect of Duty.”
Who scratched out those original charges, and for what reason? And why would Cox use his enforcer to handle the broom job?
From paragraph 55 of Capt. Gaughan’s suit:
“Commissioner Cox attempted to shield his involvement in the matter by contacting plaintiff indirectly and exerting undue pressure on him to change the nature of the charges and supporting narratives. Cox’s objective was to protect a dishonest police officer from being terminated.”
A dishonest police officer!
The Boston Police Department declined to comment on the suit, or Gaughan’s accusations.
But the BPD did send a copy of his Officer Resume from Internal Affairs, containing summaries of the “incidents” that Cox was facing charges on before everything was just, uh, worked out.
Some charges were sustained, the major ones mostly not – wink wink nudge nudge:
In 2020: “Stopped for drag racing in Revere. It is alleged that Officer Augustine was in the company of unsavory characters and gave the Trooper a hard time.”
In 2020: “(Redacted) stated that Officer Augustine always uses profanity while speaking to him at Egleston where he and his girlfriend hang out based on the fact that they are homeless and have no place to stay… A review of Officer Stanley Pina (bodycam) showed Officer Augustine threw the citation at (homeless man).”
In 2020: “A tractor-trailer was having a traffic issue on Washington Street… (Driver asked for help) but Officer Augustine did not respond. The complainant then approached cruiser (window open) and asked the officer if he had heard the truck driver’s request for assistance. According to the complainant, Officer Augustine replied, ‘Go (bleep) yourself.’ The officer then drove off.”
In 2022: “Calling in sick when he had exhausted his sick time and vacation time… failed to report for duty… he was AWOL for the tour… Officer Augustine has continually demonstrated a lack of attentiveness toward his time and attendance as a Boston Police Officer. His current pattern is evidence of complete unawareness or total disregard for his actions, placing his fellow officers and the unit at risk.”
In 2022: Woman leaving police headquarters says cop on metal detector told her she “looks familiar… (then) followed her to her car… asked her personal questions regarding her background. (Redacted) expressed that she felt the officer was flirting with her making her feel uncomfortable.”
In 2023: While out sick, pending a worker’s comp claim, Augustine showed up in court to defend himself on a motor-vehicle citation “in a Boston Police Uniform while off duty concerning a personal matter. Additionally, Sgt. DeFeo claimed that Officer Augustine fraudulently obtained the inspection sticker for his motor vehicle.” (Sgt. DeFeo recommended that charge be investigated by the BPD’s anti-corruption unit.)
In 2024: “Officer Augustine gave off-duty Officer Fabian Bustillo and civilian Gabriel Albisu a ride home in a marked BPD cruiser from the Seaport District to Bustillo’s home with the lights and sirens activated.”
To repeat, most of the more serious charges were downgraded, but many of them were in one way or another “sustained.” Two more complaints against Augustine remain pending.
As Gaughan’s suit was filed, Cox suspended Augustine for 30 days – “with 15 working days to service, without pay, and 15 working days held in abeyance for a period of one year, for misconduct….”
According to the lawsuit, Gaughan suffered retaliation because the case he declined to sweep under the rug dated back to 2018, when Augustine was still a probationary police officer and thus had less job protection.
To punish him, Gaughan says the brass slow-walked his promotion to captain and assigned him to “a toxic work environment” – the Operations Division.
Cox suffered another legal setback in his double standards of meting out discipline last week. That defeat occurred in a federal case involving former officer Joe Abasciano, who was forced out for tweets he made on Jan. 6, 2021.
Cox fired the MAGA cop, but last December the Civil Service Commission overturned the BPD’s decision. The BPD appealed to get rid of the Trump supporter.
The judge said Cox doesn’t get a second bite at the apple because the case had already been fully litigated at the state level.
Interesting how Cox apparently was desperate to protect Augustine at the same time he wanted to fire Abasciano. I wonder what the difference is between the two cops. Are a few tweets worse than all the above incidents involving Augustine?
Aggrieved cops, keep those lawsuits coming. Why do I have this feeling that there are a lot more Bryan Augustines and Triston Champagnies out there being coddled by the current BPD brass… for whatever reason?
One last question: why is Commissioner Cox not certified by the POST Commission? Is he somehow above the standards he enforces, at least on some of his cops?
I asked the BPD, but they never got back to me. Asking for a friend….
Order Howie’s new book, “Mass Corruption: Vol. 1, The Cops” at howiecarrshow.com/store.
