A retired Southampton Village Police sergeant was arrested by Southampton Town Police on Thursday night, January 31, following a fight at a Bridgehampton restaurant that left one man in intensive care at Southampton Hospital.
The retired officer, Darren Gagnon, 51, of Shirley, was arrested shortly after 6 p.m. at Bobby Van’s Restaurant on Montauk Highway in Bridgehampton after a verbal dispute with another man, whom police have not identified, led to a physical altercation.
Witnesses said this week that Mr. Gagnon, who retired from the Village Police last year, hit the man three times in the head and neck after the victim told him to “go away.” Three witnesses to the fight, who asked not to be identified, said that the victim did not throw any punches and made no physically threatening motions toward Mr. Gagnon prior to the assault.
At least two other retired Village Police officers were present as well, though witnesses said that the other men, including former Village Police and Town Police Chief William Wilson Jr., had just entered the building when the fight broke out.
“The other two guys walk in, they didn’t even have their coats off and he went over to [the victim]—I was looking right at it—and punches him in the throat,” one witness said. “He goes down, hits his head on the bar and is out cold. There was blood coming from his mouth.”
Mr. Wilson, whose retirement from the Town Police in December was the occasion for the three longtime Village Police colleagues meeting at the restaurant, gave a similar account of the sudden and short-lived altercation. He said that the third man meeting himself and Mr. Gagnon, former Lieutenant Howard Lewis, had barely entered the building when the fight happened.
“I had literally just walked through the door, I have no idea what it was about because I never even spoke to [Mr. Gagnon] after the incident,” Mr. Wilson said when reached by telephone this week. “I was hanging my coat on the back of a chair and the next thing I knew it was over. I was dumbfounded.”
All three witnesses interviewed said that Mr. Gagnon had approached a group of people who were gathered at one end of the restaurant’s bar, including the victim, twice in a matter of a few minutes. During at least one of the encounters, which were initially cordial, the victim apparently addressed Mr. Gagnon directly and told him to go away, and even “got in his face a little” according to one witness. When he approached the group a third time, Mr. Gagnon initiated the assault without any words being exchanged.
Two witnesses said Mr. Gagnon had told those he was with that he was heading across the bar with the intention of punching the other man—an allegation Mr. Wilson disputes: “He said nothing like that to me. We exchanged hellos, and that’s about it.”
The victim, according to Town Police, was transported to Southampton Hospital via Bridgehampton Fire Department Ambulance for treatment of his injuries.
Mr. Gagnon was charged with assault in the third degree, a misdemeanor. He was taken into custody, booked at Town Police headquarters in Hampton Bays and subsequently released with an appearance ticket. He is due back at Southampton Town Justice Court at a later date. If convicted, he could face as much as a year in jail.
Assault in the third degree differs from assault in the second degree, a felony count, by the degree of intent to cause injury; a felony count can be filed when the investigating officer believes the intent was to inflict “serious” injury, such as by using a weapon.
“I grew up in a tough neighborhood and I haven’t seen anything like this since then,” said one of the witnesses. “This was a brutal attack. He waited till his friends got there, then he sucker-punched the guy.”

Feb 6, 2013 10:14 AM


















I know you never bother with facts, just your own opinions. But todays newspaper that covers all of Long Island........reports that the average pension given to cops is 42,000. per year. Again, hate to bother you with facts.
In my personal opinion only, any law enforcement person who KNEW the assailant's intentions (and stayed passive in silence) should be charged with criminal conspiracy.
Active duty personnel should also face departmental inquiries for dereliction of duty.
The Blue Line presents itself again.
The response of The Fourth Estate will be interesting as well.
The lowlife ex-cop should have been charged with attempted murder!
On PBR's research, you have lost all credibility. The town was in no way sued and there was no settlement or expense. other than legal fees to any municipality.
Other here had claimed this was a police retirement party and that a "blue wall of silence" was in effect. This update prety much disputes that.
So how about you read these posts and then utter your opinions?
Alcohol doth make fools of us all.
Let's see, doing what I love and having a vacation for a vocation, OR being miserable for the love of money?
Yeah, I'll take the former, not the latter...
This incident apparently happened a year and a day since that dirty cop Gagnon was booted. If the injuries are bad enough, he could lose his pension in the Civil Suit. We can only dream. Unfortunately, the local dirty judges will let him off with nothing. Look at how they handle repeat DWI cases.
No civil suit, resulting ffrom a bar fight will cost this guy his pension. And it was 3 guys getting together for a diner. The Briidgehamton FD had most of the table in the place for their own diner.
To lose his pension it would have to involve something along the lines of the LIRR employees fraudulent disability retirements.
If the defendant in fact was waiting until his two buddies arrived to ATTACK, this crime has been under-charged IMO.
Sounds like premeditation and no provocation.
How much martial arts and self-defense training has he had?
There is nothing worse them a coward
Precisely the outcome one would expect if a common citizen had been the assailant, no? How could folks be so mean-spirited as to suggest that this is favoritism and "professional courtesy"?
To refute these specious ...more charges, the Village should invite the NYS Attorney General's office to investigate the incident.
And once again, the incident occurred in the town, not in the village, which no longer has any interest in the assailants doings as he is retired.
To quote the article:
__________________________________
"Three witnesses to the fight, who asked not to be identified, said that the victim did not throw any punches and made no physically threatening motions toward Mr. Gagnon prior to the assault.
At least two other retired Village Police officers were present as well, though witnesses said that the other men, including former Village Police ...more and Town Police Chief William Wilson Jr., had just entered the building when the fight broke out."
______________________________________________
Because the non-police witnesses are not ID's the head count is a little hard to follow, but in addition to the defendant it appears that at least 2 cops were there in addition to Chief Wilson.
TBD.
I doubt this ex cop will get any time at all, meanwhile ...more if you punch a cop you get a guaranteed year or more in jail...man this is true equality being portrayed in society...southampton police force are a bunch of greedy power hungry chumps who were picked on in high school.
Want to fix our budget deficit? This town is a microcosm of the country, stop giving such lofty pensions and while things are good dont build a giant police station that is an eyesore and a waste of tax payer dollars...because all we are really paying them for is to give traffic and speeding tickets to line their pockets
Any additional law enforcement person with knowledge of the defendant's intended and imminent unprovoked attack, may be facing charges. At a minimum, the Town Police and the DA owe an explanation or clarification of the head count IMO.
To quote the article:
________________________________________
"Mr. Wilson said when reached by telephone this week. “I was hanging my coat on the back of a chair and the next thing I knew it was over. I was dumbfounded.”
"All three witnesses interviewed said that Mr. ...more Gagnon had approached a group of people who were gathered at one end of the restaurant’s bar, including the victim, twice in a matter of a few minutes. During at least one of the encounters, which were initially cordial, the victim apparently addressed Mr. Gagnon directly and told him to go away, and even “got in his face a little” according to one witness. When he approached the group a third time, Mr. Gagnon initiated the assault without any words being exchanged.
"Two witnesses said Mr. Gagnon had told those he was with that he was heading across the bar with the intention of punching the other man—an allegation Mr. Wilson disputes: “He said nothing like that to me. We exchanged hellos, and that’s about it.”
______________________________________________
Note Chief Wilson's two statements, at least as reported here:
1. “I was hanging my coat on the back of a chair and the next thing I knew it was over. I was dumbfounded.”
2. "He said nothing like that to me. We exchanged hellos, and that’s about it.”
This second quote followed this report in the article:
"Two witnesses said Mr. Gagnon had told those he was with that he was heading across the bar with the intention of punching the other man—an allegation Mr. Wilson disputes" -- followed by Wilson's second quote above.
The plot has thickened IMO. Are the Chief's two statements consistent?
Moreover do the witnesses imply that a fourth cop was with the defendant at the bar, and knew his intentions?
As to the degree of assault here, the more serious second degree felony count may now be on the table for consideration IMO. A possible game changer, especially for witnesses who must swear under oath to the truthfulness of their statements.
Hopefully sworn written statements for all witnesses were already obtained, and will be compared for consistency.
If the defendant made a statement indicating his intention about the extent of harm he intended to cause, this could be determinative in changing the charge to second degree assault. Is the added factor of "with a deadly weapon" a possibility?
I'm not familiar with the legal/criminal terms for all this but I find it hard to believe it is just a misdemeanor.
Here are the FACTS (you remember those right?)
• There was an incident at Bobby Vans
• A retired Police Sergeant was arrested for assault
• A victim was transported to the hospital for treatment of injuries (and no he is not injured to a felony level...as ...more of now)
• NO ONE ELSE from the FD/PD retired or active was involved at all!
The Southampton Town PD responded and handled the call properly. Witnesses were interviewed, statements were written, photographs were taken and I’m quite sure that any and all video surveillance was secured and will be examined. If evidence is produced that requires and upgrade of the assault charge then that’s exactly what will occur.
Yes, public employee pensions are exorbitant. Has nothing to do with this case.
Yes, the local PD’s have had their share of negative publicity. Gagnon is Retired, therefore not his former employers problem.
No, a public employees pension cannot be stripped unless it was secured by fraud.
IMO (yes that’s directed at you PBR) there is far too much speculation, innuendo and spinning going on here, and we ALL know it.
Inquiring minds ask questions, and consider possibilities, especially concerning people in positions of power.
That is the purpose of these forums.
sunnydays, you are free to ignore all material here, and to move on. You are also free not to criticize those in power for abusing their power. Our world is diminished by the silence of those who see abuse, ...more and say nothing -- in my personal opinion.
Thank you for your opinion. Unfortunately not all the days are sunny days, as evidenced by the current case, and inquiring minds want to know what is NOT being reported.
["not injured to a felony level...as of now"]
Please define "now" and how you know about the victim's medical condition "now."
Ditto for your statement that "NO ONE ELSE from the FD/PD retired or active was involved at all!"
Were you at Bobby Van's that night? Are you related to or know anyone who was there? Etc..
Thank ...more you.
sunnydays, you came barging in full of attitude about people speculating etc. beyond the facts.
Now it turns out you really want to play "hide and seek" with YOUR OWN PRIVATE FACTS?
Is there any chance you will awaken, recognize your coy manipulative ways and come clean?
Are we here for The Truth or deception?
What a tangled web we weave . . .
"That is the purpose of these forums" Really? have you ever once seen where an office holder responded to people here?
27east reports what they feel is important to a story. That does not question their integrity, it's just the way it is.
I've thrown this ut before, but how many of you have EVER, gone to a Town or Village Board meeting and echoed these same concerns?Just because you have a keyboard, does not make you a good citizen ( directed to al, not just PBR.)
Inquiring minds ask questions, and consider possibilities, especially concerning people in positions of power.
That is the purpose of these forums.
And -- IMO various people in public office do read these forums (or have their staff do so), so the discussions here DO influence decision-making in many ways.
Does the person standing on a street corner holding a sign or wearing a placard go to meetings?
Who knows? The answer ...more is beside the point!
This behavior epitomizes the pernicious sense of entitlement that infects the STPD. It thinks that it can do anything it pleases (in this ...more instance, permit a fellow officer to walk on felony charges) and that there will be no blowback.
Unfortunately, it is RIGHT! Left to the disposition of the Town, Gagnon will be penalized no more for his despicable act than would you or I for a traffic violation.
The New York State Attorney General's office MUST take jurisdiction. It is the only way for Gagnon to be treated impartially (as if he WEREN'T a former cop) and it offers an unexpected opportunity for for an outside, uncowed authority to excise the rot from a diseased department.
Even if he is, Assault 2nd requires "serious physical injury" the definition of which is injury capable of causing death. I do not know that to be the case here, do you?
Now, if Gagnon had kiddie porn in his pocket, and the SHTPD failed to arrest him for same, one wonders what garbage would spew from your keyboard.
I further take it that you have brought this incident to the Attorney General's office?
___________________________________________
"Assault in the third degree differs from assault in the second degree, a felony count, by the degree of intent to cause injury; a felony count can be filed when the investigating officer believes the intent was to inflict “serious” injury, such as by using a weapon.
“I grew up in a tough neighborhood ...more and I haven’t seen anything like this since then,” said one of the witnesses. “This was a brutal attack. He waited till his friends got there, then he sucker-punched the guy.”
________________________________
The crucial word in the definition is "intent." What did the defendant INTEND to do to the victim? In practice, this raises questions. What were his statements BEFORE the vicious attack? Also, did his police training, in effect, elevate his punching hands to be a type of "weapon" in the eyes of the law?
Was there a motive? Did he know anyone in the group of people including the victim? What was the nature of the beef he had, to go over THREE times? Did these people include a woman, and does that factor into the equation?
If there is videotape, what EXACTLY happened?
The definition of assault above does NOT say, "and what physical injuries were in fact caused." In theory, injuries less severe than those here could be consistent with assault in the second degree, if the defendant INTENDED to cause serious physical injury.
What did Mr. Wilson (and Mr. Lewis?) hear the defendant say as he put his coat on the bar chair, and "exchanged hellos?" This statement implies that the defendant said hello or something else IMO. What did he say exactly?
Mr. Wilson is also quoted as saying "He said nothing like that to me." So the question is, what did the defendant say EXACTLY? Although retired, Mr. Wilson is a trained and experienced law enforcement officer, who in theory should make a better eye witness than the average citizen. He has been trained to stay focused and observant at times of stress, and not to let any possible adrenalin influence his perceptive skills and responses.
So too for Mr. Lewis and any other cops at the bar.
What do their sworn statements say? Are they consistent?
PS -- Hopefully the victim is doing OK, and our thoughts and prayers go to him and his family.
Your quibbles and denigrating comments aside, concussion often results in death and you can be sure that if Gagnon had kiddie porn in his pocket we will never hear of it.
As for notifying the Attorney General, point taken. We can be sure that none of our local elected officials will take the initiative. I'll draft a letter.
One wonders if cop apologists observe ANY limit to despicable behavior by their devotional subjects beyond which they will cease ...more to excuse them.
Yes, perfectly legit statement that the arresting officers would have let kiddie porn slip through. Makes complete sense. (duh)
Please keep uus informed as to the response you receive from the Atttorney General;'s office.
Apologist? Please clear the hatred from your eyes and readd my posts here.
I can only imagine what incident has made you into such a hate filled arrogant
individual.
“At least two other retired Village Police officers were present as well, though witnesses said that the other men, including former Village Police and Town Police Chief William Wilson Jr., had just entered the building when the fight broke out.”
“The other two guys walk in, they didn’t even have their coats off and he went over to [the victim]—I was looking right at it—and punches ...more him in the throat,” one witness said. “He goes down, hits his head on the bar and is out cold. There was blood coming from his mouth.”
Three independent witnesses reported to Police and the Press that Wilson had just walked into the restaurant. Gagnon is clearly at fault here, and last I knew Wilson is not clairvoyant. If he was I’m sure he would not have left the Village for the most politically toxic municipal environment on Long Island. (Wish you had a do over on that one right Chief?)
Other than bad timing, and choice of dinner companion on the night in question, Wilson has no culpability for the assault.
I am going to go out on a limb and assume that since Wilson rocked the sacred boat that is the STPD, and flung the facts in the GOP’s engorged faces, that he is none to popular at the committee meetings. “We have to dirty him up!” was the quote.
You can spin, twist, contort and misrepresent the information reported in this article to your hearts delight...but the truth is the truth and you can’t change that.
Over the years, as the STPD has made headlines because of its insubordination, ineffectiveness, unprofessionalism and corruption, I have commented on it. Now it is in the news because of its assumption of entitlement to limit the criminal culpability of fellow officers, and I am commenting on that. The reason that I have been accused of picking on the STPD is because it has been in the news so often because of its misfeasance, malfeasance and incompetence. There ...more has been a lot to talk about.
During the same period, I have written to a chief of police in another jurisdiction to praise the behavior of his department.
These are the actions of a concerned and involved citizen. I have no personal animus against the STPD. It is simply a deplorable police force.
You, on the other hand, reflexively and irrationally defend the department regardless of the blatancy of its misdeeds, and, unable to make a convincing case, descend to personal disparagement.
Your puerile behavior does not enhance your credibility.
As to your other allegations: Have you ever once, called the Chief, ever, and asked for a sit down so that you might enlighten others with your boundless knowledge and set the world (or at least SHTPD) straight?
Thank you both for so reliably proving my point. Rather than another risibly feeble attempt at actually ANSWERING my allegations and taking another stab at defending the deplorable behavior of the STPD, you both choose to attack me.
But to answer the irrelevant questions of But I'm a blank!, no, I don't know if the victim is still in intensive care. He was at last report. If you know his current status, please post it. We would all like to know, ...more as V. Tomanoku's post indicates. Please post as well why you think that this has any bearing on the crime or on biased STPD procedure.
Moreover, no, I will not be calling the Chief, nor will I be speaking out at Town meetings, nor will I in any other way bring my identity to the knowledge of the STPD. I have to live here. In the event that the STPD is replaced by a sworn contract force and the current strength has no influence on my well-being, I will be happy to shed my anonymity.
Try to direct your responses to the question of why an ex-cop who cold-cocked a defenseless victim, hit him several more times while unconscious, and sent him to the ICU (for an unknown duration) was only charged with a misdemeanor and what this signifies about the arresting cops.
The intent of this diatribe, was YOUR statement that the victim was stil in ICU and I asked if you knew that to be a fact. You then went on to change the ...more topic, as usual.
And that slimey PolicePolice brotherhood ensures such horrendous unjustified assault that could have caused (and still can)the victim his life get a misdemeanor charge from his ...more brothers at STPD, that other bastion of many rogue cops.
The inmates are in charge of the asylum. A family friend who spent almost 30 years in the NYCPD and the Police Commisioner's Office said that many of the cops in the Department, had they not been hired by the PD would be members of gangs on the other side of the law.
This is what happens when Supervisors, Council members, and Village Politicians curry favor with the PBA to get elected and give them whatever they want. The power goes to their heads and they act like they can do whatever they want to whomever they choose to do it to. The people get what their great politicians give them at the risk of their own lives.
What if the victim was your son on a visit from College or home for the weekend from the city?.
It is hard to see how a premeditated, underhanded assault on a defenseless victim causing concussion (a frequently mortal trauma) and hospitalization in the ICU can be construed as anything other than an "intent to cause 'serious' injury" (the qualification for a felony charge), but stranger things ...more have happened out here.
The degree of criminal culpability that this office charges will be a litmus test of its impartiality.
Premeditation is required for intent. Concussion (which often results in death [vide Natasha Richardson]) is a serious injury, full stop. Repeatedly hitting an unconscious man whom one has already concussed is evidence of intent to inflict that serious injury.
The investigating officer was aware that all the criteria for a felony accusation had been met and, nevertheless, chose to charge only a misdemeanor (for the reason that none but p.d. sycophants doubt.)
It ...more is down to the DA to correct this injustice and to insure that the proper charge is laid.
Once the charge is, as here, as misdemeanor, what process is available for increasing the charge to a felony (Grand Jury, etc.)?
Hopefully the Press will do a follow-up on the extent of the victim's injuries.
Don't overcharge. Don't make ...more this more than it is. This is how DA's lose cases.
"10. "Serious physical injury" means physical injury which creates a
substantial risk of death, OR which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss OR impairment of the function of any bodily organ."
[emphasis added with the word "OR" changed to capital letters]
This definition contains two OR's which make your analysis seem a bit disingenuous, does it not?
The ...more last clause ("impairment of the function of any body organ") would seem to fit the bill here just fine IMO.
If the victim's arm had been broken, for instance, would this support a felony charge? How about a severe concussion?
At trial, if there is one, the misdemeanor charge would be a lesser included offense to a felony charge, right? So why not charge the felony and see how the investigation and evidence plays out.
The DA can't go back later and upgrade the charge based on the evidence, correct?
Please elaborate, thank you.
Yes the DA can charge the Felony and also include the Assault 2nd as a lesser offense but the Felony might not make it past Grand Jury and also trial juries tend to dislike when prosecuters try the "Throw ...more it against the wall and see what sticks" method.
I'm still a bit lost on your conspriacy issues though, PBR. As far as has been reported, the two other leo's there were retired.
What WAS the defendant's beef with the victim and/or his party, for him to be upset enough to go over three times?
What has the witness testimony shown? Including the victim and his friends. Did the defendant know any of them before the evening in question?
FACTS! FACTS! FACTS!
We are only seeing the tip of the iceberg IMO.
Without favoritism . . .
Inquiring minds want to know the details, and the questions asked were fairly reasonable, weren't they? The article refers to a "group" of people in the victim's party. How many? At least 3 right? All men? A woman included?
Don't most bars have video camera surveillance running all the time? IMO BV's installed some looking at the cash registers decades ago. Depending on the lens, did they show this altercation.
Just ...more simple asking of logical questions IMO.
It's s.o.p. for cops to lay every charge conceivable in every arrest. Just look at the Riverhead schoolteacher who was pulled over for a DUI, discovered to have a handgun in his car, and was charged with ELEVEN crimes. Why did they treat the Gagnon incident differently?
(By the way, as far as I can see, most authorities consider the nose to be an organ, the peripheral olfactory organ, to be exact, although some distinguish it as either part of a larger organ or ...more as a system including other organs.)
to PBR:
Never ask questions that may have implications! It makes cop groupies as uncomfortable as it does cops. "De vigiles nil nisi bonum" is their credo.
Keeping in mind that the school teacher did in fact have the gun, and the other charges were warranted.
One unfortunate consequence of The Blue Wall of Silence, historically, is that those on the other side of it (the public) may end up asking stupid questions and considering theories which seem "reaching" to those protected by The Wall.
Want better questions and theories from the public?
As Ronald Regan said, "Tear Down That Wall . . . "
Questions remain here IMO ...more as to what the heck was really behind this brutal and premeditated attack, and why only a misdemeanor was charged.
'nuff said . . .
Read the definition that PBR listed above. Its not just a cut or scar to the face. Its "serious and protracted disfigurement". Its not just getting hurt it is "physical injury which creates a substantial risk of death, OR which causes death". It is not a broken nose which eventually heals and operates fine. It is ...more "protracted loss OR impairment of the function of any bodily organ." Such as brain damage, chopping off a hand, or causing kidney failure.
From the research I did about the Riverhaed teacher I found that not only did he have an illegal gun, but it also had a illegal high capacity magazine. he already had a suspended licence for an unknown reason. So on top of all the DWI and traffic violations he did that night, he got also got charges for other issues related to his driving and a charge for each gun law he broke.
Where is this injury mentioned in the article?
If the defendant threw the final punch (to the throat/larynx area according to bubby below) while the victim was unconscious, with the intent to do serious injury, and if the victim in fact still has damage to this area, would your view change?
If the victim could never talk normally again, and let's say he was a radio disc jockey, would that be SERIOUS damage in your opinion?
(PS -- Obviously the facts of this case go beyond what is reported above. We just don't know all the facts yet.)
And there was also a broken nose, as you indicated above?
Is the Grand Jury considering this case?
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[pregnant silence]