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Lawsuit claims BPD commissioner shielded officer from lying charge

A veteran Boston Police Department (BPD) Captain is suing the department’s highest-ranking officials, alleging he was pressured to scrub a finding that a rookie officer lied in a police report and an internal affairs interview.

Captain Timothy Gaughan—a 34-year employee of the BPD— filed the suit in Suffolk Superior Court. In it, he claims the directive came indirectly from Police Commissioner Michael Cox.

‘PULL THE F*** OVER’

Gaughan’s complaint stems from an April 21, 2018, incident when he was a Lieutenant Detective in the Internal Affairs Division (IAD). He investigated a confrontation between then-Probationary Officer Bryan Augustine, who was off-duty but in uniform, and a motorist, at the intersection of New Chardon and Merrimac Street.

After the traffic incident, Augustine stopped his private vehicle, exited, and allegedly yelled at the other driver to “pull the f*** over” and “get the f*** out”, according to his disciplinary history obtained by 25 Investigates through a public records request.

Augustine then prepared a police report that Gaughan’s team determined to be false, specifically to “lay blame for the incident” on the other driver. Augustine’s report claimed he was in the middle lane, not the far-left turn-only lane, and he also misrepresented to a responding officer that the other driver had refused to produce his license and registration. Gaughan’s final IAD report recommended sustaining multiple charges, including “Department Reports-Truthfulness”.

THE PHONE CALL

Nearly five years later, in February 2023, and after Gaughan had been transferred out of the IAD, Superintendent-in-Chief Philip Owens allegedly telephoned Gaughan and stated he was calling “on behalf of Cox”. Owens requested that Gaughan change the finding of “Department Reports-Truthfulness” to the lesser charge of “Neglect of Duty/Unreasonable Judgement,” and that he alter the narrative to “remove any indication that Augustine lied during his IAD interview,” the suit alleges.

According to the lawsuit, Owens stated that a finding of untruthfulness would attract scrutiny from the Massachusetts Peace Officer Standards and Training (POST) Commission and would likely result in Augustine’s termination. Gaughan claims he refused to change the officer’s dishonest actions in his narrative

Former Massachusetts State Police Sergeant Larry Smith who has a master’s in law enforcement administration called the alleged interference “truly troubling,” asking, “why are you interfering with an internal affairs investigation that’s already been resolved”.

13 INTERNAL AFFAIRS CASES

Officer Augustine has amassed a significant record since his hiring in 2017, which includes 13 Internal Affairs cases and 26 sustained violations.

The Internal Affairs record indicates that Augustine was stopped for “drag racing in Revere” in January 2020, an incident which led to sustained charges of “Conformance to Laws” and “Conduct Unbecoming”. A separate allegation of “association with criminals” from the same incident was not sustained.

Augustine’s extensive history culminated in a “Last Chance Settlement Agreement” signed on September 9, 2025, which covered eight of his IA cases, including the 2018 traffic incident. His punishment under the agreement was a 15-day suspension.

Augustine faces several charges listed as ‘pending’.

‘RETALIATION’

Gaughan claims that after he refused to fully comply with the request to alter the investigation’s narrative, he faced retaliation that included being bypassed for a promotion to Captain in 2023, despite being ranked number one on the Civil Service eligible list.

Gaughan’s promotion was delayed for a year, as a candidate ranked third was promoted instead.

The Boston Police Department and Gaughan’s lawyer declined to comment on the pending litigation. Augustine could not be reached for comment.

This is a developing story. Check back for updates as more information becomes available.

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