A veteran NYPD detective who accused his supervisor of shoving her dirty underwear into his mouth was forced to give up 30 vacation days being accused of conducting personal business on the job, recently released department documents show.
Detective Victor Falcon said the disciplinary case against him was another attempt to drive him out of the department after he griped about a female boss shoving her filthy panties into his mouth in October 2018.
Police Commissioner Keechant Sewell authorized the penalty against Falcon on March 10.
The 17-year NYPD veteran was accused of extending a meal period for 55 minutes and doing personal business while on duty. He was also accused of investigating the actions of Lt. Johnny Wong as the lieutenant was building a disciplinary case against him.
During a hearing in November, Falcon admitted that he had extended his lunch break so he could go holiday shopping around 2018 and watched depositions that were taking place for a federal lawsuit he had filed against the department and Sgt. Ann Marie Guerra over his bizarre Brooklyn precinct showdown with the supervisor. He even checked on Lt. Wong’s investigation into him.
Wong, Falcon’s attorney said, is also named in his lawsuit, which is still pending in Brooklyn federal court.
“In his defense (Falcon) claims that he was being singled out for discipline in retaliation for his complaint (against Guerra),” Assistant Deputy Commissioner of Trails Jeff Adler wrote in his findings.
According to the court papers, Guerra lost her mind on Oct. 7, 2018, after Falcon complained about her habit of leaving dirty underwear hanging in the co-ed bathroom at the 72nd Precinct.
“In a fit of rage, defendant Guerra ignored all protocol, retrieved her soiled underwear and violently shoved them into Falcon’s mouth and then aggressively rubbed them all over Falcon’s face,” according to Falcon’s lawsuit against the department, which is still pending in Brooklyn federal court.
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“The sexually-charged and violent gender-motivated assault left Falcon traumatized and in shock … Guerra screamed in (Falcon’s) face, ‘See? They are f—ing clean!’”
The lawsuit additionally charged that Guerra had previously made insulting comments about Falcon’s penis size, along with other inappropriate sexual banter – including a comment about inserting a dildo inside her husband during sex.
The alleged retaliation also includes a refusal to change his shift to allow Falcon to spend more time with his son, and denials of his requests for overtime, according to his court filing.
“The facts allege and the evidence shows a litany of retaliatory and adverse employment actions taken against Det. Falcon,” the lawsuit alleges. “To this day, the defendants continue to retaliate against Det. Falcon in an effort to create a hostile work environment that forces (him) from his job.”
Falcon was ultimately transferred out of the 72nd Precinct in May 2019.
Guerra, Wong and four other high-ranking police officials are also accused of trying to get Falcon committed to a psychiatric ward, writing him up for bogus work issues, ignoring his complaints and handing him lousy work assignments, the lawsuit states.
A call to attorney John Arlia, who represented Falcon in the disciplinary proceeding, was not immediately returned.