Complaint #202101293,
February 28, 2021

Officer: Gagnon, Frank
Complainant: Black Male, 25-29
Allegation: Offensive Language: Sexual orientation
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Gagnon, Frank
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gagnon, Frank
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gagnon, Frank
Complainant: Black Male, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Gagnon, Frank Black Male, 25-29 Offensive Language: Sexual orientation Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Offensive Language: Other on December 9, 2024
Gagnon, Frank Black Male, 25-29 Force: Physical force Exonerated
Gagnon, Frank Black Male, 25-29 Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal) Substantiated (Command Discipline B)
Gagnon, Frank Black Male, 25-29 Abuse of Authority: Threat of arrest Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalty

Gagnon, Frank
Closed: Not guilty after trial-PC Approved, November 4, 2024
APU Not guilty

Summary

On February 28, 2021, at approximately 10:00 PM in the vicinity of Foch Boulevard and Guy Brewer Boulevard in Queens, [redacted] doubled parked his white 2015 Dodge Challenger with tinted windows in front of a grocery store. [redacted] exited The Dodge Challenger and entered the grocery store to buy a drink. The Dodge Challenger was running unattended. Police Officer Frank Gagnon and Police Officer Damien Lombardo of the 113 Precinct, were on vehicle patrol, and observed the Dodge Challenger. The officers exited their vehicle and approached the Dodge Challenger. The officers checked to see if the vehicle was locked. PO Lombardo pulled on the driver side door latch. [redacted] approached the Dodge Challenger and asked what the officers were doing. PO Lombardo told [redacted] that he wanted to make sure that the vehicle was locked. The police officers asked [redacted] for his identification. [redacted] told the officers that the Dodge Challenger belong to him. [redacted] told the police officers that he did not have identifying documents on his person. The officers asked [redacted] to provide his name and date of birth verbally. [redacted] refused. The officers disputed with [redacted] walked away from the officers. At this time, PO Lombardo stuck his hand out in front [redacted] (Allegation A: Force-Physical Force, [redacted] PO Gagnon threatened to arrest [redacted] if he did not cooperate (Allegation B: Abuse of Authority-Threat of Arrest, [redacted]) [redacted] PO Gagnon and [redacted] and stood face to face. PO Lombardo asked [redacted] if he wanted to kiss him (Allegation C: Offensive Language-Sexual Orientation, [redacted] and Allegation D: Abuse of Authority-Sexual Harassment, Verbal, [redacted] was issued Summons #[redacted] for double parking by PO Gagnon, Summons #[redacted] for unattended running vehicle by PO Lombardo. There were no arrests made as of result of this incident. Read report for details.


Details

Incident: February 28, 2021
Received: March 1, 2021
Closed: July 12, 2022
Last Updated: October 2, 2025

Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: Summons - other violation/crime

Witness Officers: Damien Lombardo
Body-Worn Camera evidence collected
Video evidence collected