May 15--An internal affairs investigation has concluded that no Beverly Police Department rules were violated leading up to the shooting of Patrolman Jason Lantych, in part because the department lacks rules or policies regarding personal relationships in the workplace.
The investigation, conducted by a former Methuen police chief at the request of Beverly police Chief Mark Ray, said there is no evidence that Lantych is guilty of either conduct unbecoming an officer or of conducting personal business on-duty, the only two rules that could have applied.
In arriving at that conclusion, the final report cited the "lack of rules or policies by the city or department regarding personal relationships in the workplace, combined with the legal limits to which an employer can lawfully regulate personal relationships in the workplace."
Lantych, 35, was shot twice by Hamilton police Sgt. Kenneth Nagy on Feb. 24 outside Starbucks on Route 1A in Beverly. Lantych survived, but Nagy later returned to the scene and killed himself with a gunshot to the head.
An investigation by Essex District Attorney Jonathan Blodgett's office said Nagy was upset over a perceived relationship between Lantych and Nagy's wife, Kate, who works in the Beverly Police Department's domestic violence unit.
While Blodgett's investigation focused on criminal wrongdoing, the internal affairs investigation by former Methuen police Chief Bruce MacDougall looked at whether Lantych or any other Beverly Police Department employees violated the department's "rules and regulations" or "policies and procedures."
MacDougall interviewed nine Beverly police officers, including Lantych, and Tina Nieves, director of the department's domestic violence program. He also reviewed email and cellphone records.
Kate Nagy refused to be interviewed on the advice of her attorney. She could not be compelled to answer questions because she is an employee of HAWC (Healing Abuse Working for Change), not the Beverly Police Department. HAWC is a nonprofit that assists victims of domestic violence.
Childhood friends
Lantych's fellow police officers said they knew that Lantych and Kate Nagy, who both grew up in Hamilton, were friends and they had heard rumors of a relationship between them. The two were seen together at a local Dunkin' Donuts, at a domestic violence fundraiser, and at a Chinese restaurant with a group of people after the fundraiser.
Kate Nagy and Lantych also attended domestic violence training in San Antonio in November, along with Beverly police officer Daniel Brown. Brown said he saw nothing inappropriate on the trip.
Nieves, whose office is next to Kate Nagy's, said that after the Texas trip Lantych began stopping by the office two to three times per week and would stay for 20 to 30 minutes, sometimes in uniform and sometimes in civilian clothes.
Nieves said she was unaware of any instances when the relationship interfered with the work of Lantych or Nagy.
Lantych told MacDougall that he had known Kate Nagy since grammar school. They grew up one street away from each other in Hamilton and rode the school bus together.
Lantych said he called and texted Kate Nagy and visited her at the domestic violence office "one or two times per week" over the last few months. He said most of the visits came when he was off-duty, but some were when he was working a shift or a private detail.
Cellphone records showed a total of 64 calls between Lantych and Kate Nagy from Oct. 4, 2011, through Feb. 25, 2012, the day after the shooting. Lantych initiated 36 of the calls, while Nagy initiated 28. Of the 60 calls between them from November through February, nine took place while Lantych was on-duty.
Concerned about the rumors of the relationship, Capt. Christopher Negrotti said he took Lantych aside in February to talk with him "as a supervisor and as a friend." Lantych denied the relationship was anything more than a "close friendship."
Doesn't remember statements
MacDougall asked Lantych about Lt. Timothy Hegarty's testimony that Lantych had told him in the hospital that he "had a moment of weakness with Kate." Lantych said he had just come out of surgery and was on pain medication and does not remember talking to Hegarty.
MacDougall also asked about a statement by a witness at the shooting scene who quoted Lantych as saying Kenneth Nagy "had a couple of reasons to shoot me." Lantych responded that he had just been shot, was in shock and had no recollection of saying those words.
The relationship between Lantych and Kate Nagy came while the Nagys were in the midst of marital difficulties and seeing a counselor. Nieves said Kate Nagy told her there had been talk of developing a "mental health safety contract" to assure that Kenneth Nagy would not hurt himself or anyone else, but the counselor told Kate it was not necessary.
Nieves told MacDougall she was afraid that Kenneth Nagy would come to the domestic violence office when Lantych was there and that there would be a "confrontation." She said Kenneth Nagy unexpectedly showed up at the domestic violence fundraiser and "kept staring" at his wife and Lantych.
On the night of the shooting, Sgt. Philip McCarthy, the supervisor of the domestic violence unit, went to Kate Nagy's mother's house in Hamilton to talk to Kate. McCarthy said Kate Nagy was crouched down against the wall by the front door.
When McCarthy crouched down to her level to talk to her, she said, "Phil, there was nothing sexual between us." McCarthy told her he did not ask anything about that, and she responded, "I just wanted you to know."
Three days later, when McCarthy visited Lantych in the hospital, Lantych told him, "There was nothing between us. I was going to tell him there was nothing to this, but he came out shooting."
In considering whether Lantych violated the department's "conduct unbecoming an officer" policy, MacDougall said he had to consider the fact that Kate Nagy is not an employee of the Beverly Police Department and thus not governed by its rules.
Updating the rules
He said the department should create a contract that establishes which rules and policies should be followed by non-employees assigned to the department. The contract should also oblige non-employees to cooperate with internal affairs investigations, he said.
MacDougall concluded that there was a lack of evidence that the relationship between Nagy and Lantych went beyond "emotional" and that "current social norms" leave in doubt whether an emotional relationship could be considered conduct unbecoming of an officer.
MacDougall said the city and Police Department also lack policies regarding personal relationships in the workplace.
As for conducting personal business while on-duty, MacDougall said the city and the Police Department lack rules covering the use of department-issued cellphones and the email system. He said Lantych made a "very small number" of cellphone calls while on-duty. He also said other police officers stop by the domestic violence prevention office for "social, as well as work-related, reasons."
MacDougall said the Police Department needs to update its rules and regulations, which were written in 1975, as well as its policy and procedure manual, which was last updated in 1994. He said rules and policies should follow standards set by the Commission for the Accreditation of Law Enforcement Agencies.
Ray said in a statement that the department is currently completing the process of becoming accredited.
"This points out that accreditation is important, and that's what we're working toward," he said in an interview. "It's a tragic event, and there's a lot of people still recovering. We want to be a part of that healing process and learn from it what we can and move on."
Still recovering
Lantych, who is out on paid sick leave, is recovering from his injuries "at very good speed," Ray said.
"He's exceeding expectations in his recovery," Ray said. "However, he still has a ways to go. He still has to clear all of our requirements before we're able to return him to work."
Kate Nagy is also out of work and is expected to return to HAWC in the fall, Ray said. Her position with the domestic violence unit has been filled on a temporary basis, although a HAWC employee will soon do the job on a regular basis, he said.
An investigative report commissioned by Hamilton police Chief Russell Stevens also concluded that none of that department's policies was violated outside of the actual shooting by Nagy.
The investigation, by former Tewksbury police Chief Alfred Donovan, looked into whether Kenneth Nagy secretly videotaped or recorded his wife in violation of state law, and whether he failed to report to his superiors that he was taking the medication Zoloft, as is required by department regulation.
Donovan said he found no credible evidence that Nagy conducted surveillance of his family members prior to the shooting.
Regarding the medication, Donovan said Nagy was prescribed Zoloft at a doctor's appointment on Feb. 23, the day before the shooting. Zoloft is commonly used to treat depression.
But Nagy, who worked the midnight shift, called in sick on Feb. 23 at 4:43 p.m. and did not return to work, so there was technically no violation of the rules, Donovan said.
Donovan also said Nagy had intended to meet with Stevens the next day to discuss "several issues."
Staff writer Paul Leighton can be reached at 978-338-2675 or by email at [email protected].
Copyright 2012 - The Salem News, Beverly, Mass.
