Three former police officers decertified, including sex offenders

Massachusetts police oversight officials revoked the certification of three former police officers earlier this month, barring them from ever serving in Massachusetts again.

Matthew Bistany, Kevin Garneau, and James McCall were all decertified by the Massachusetts Peace Officers Standards and Training, or POST, Commission. The board was created out of a 2020 police reform bill.

Garneau, formerly of Lowell police, and Bistany, formerly of Methuen police, waived their rights to contest the decertifications, according to agreements shared by POST. McCall, formerly of Fitchburg, has 30 days to appeal, according to the commission’s final decision.

Bistany was arrested in 2023 for allegedly uploading child pornography to the internet. He pleaded guilty in Essex Superior Court in May and was sentenced to serve three years on probation. Bistany was ordered to register as a sex offender and continue ongoing treatment and counseling, court records show.

Information for all three of the former officers will also be sent to the National Decertification Index.

Former Lowell police officer accused of raping teen

In 2019, Garneau was accused of repeatedly raping a 16-year-old homeless girl while he was on duty. He allegedly claimed there was a warrant out for her arrest but would not arrest her “in exchange for her providing sexual services,” the DA said.

At the time, Garneau served in a community outreach program called Community Opioid Outreach Program to address the community living with substance abuse disorders, according to POST.

POST’s decision also points to “a pattern of unprofessional police conduct” including pointing his taser at colleagues, having “explosive outbursts of anger,” and being too familiar with clients of the outreach program. Garneau also allegedly made unwanted physical contact with “at least one” civilian woman employed by the department.

The alleged rape was redacted from POST’s decision posted online. According to court records, the charges of rape in Middlesex Superior Court were dropped before the scheduled trial began in 2023.

Former Fitchburg officer accused of inappropriate behavior with teens, female colleagues

After nearly two decades with Fitchburg police, McCall resigned in 2023 following multiple internal investigations “that resulted in sustained findings and discipline,” the POST Commission wrote in its final decision.

In addition to having consensual sex while on duty, a 2023 investigation found that he had been sexually inappropriate with many female staff members at the department. McCall allegedly sent pictures of his genitals to a coworker, asked for sexually explicit photos, and made sexually charged comments at work.

He also sent unsolicited sexual text messages to a patrol officer, according to POST. McCall also posted a “meme on Instagram, stating ‘Tag someone who deserves a glass of wine and unproblematic d–,” the POST Commission wrote. He tagged a female co-worker in the post, which was public.

In 2012, McCall made sexual advances to a teenager, calling her “sexy” and “hot” and inviting her to his home when his wife was not home, the investigation found. The teen knew he was a Fitchburg police officer because she was considering a law enforcement career. Later, she became a Fitchburg police employee and reported McCall’s conduct, according to the POST Commission.

He also repeatedly Snapchat messaged with a teen girl whom he met while working at the local high school. At one point he called her “yummy,” which upset her, and he apologized. He then deleted her off the app, “thereby permanently expunging the content of all past communications between the two of them,” the POST Commission wrote.

The POST Commission’s final decision was included the initial decision, which McCall “claimed … lacked concrete and credible evidence that he is a danger to his community.”

“However, in the Initial Decision, the Hearing Officer cited multiple exhibits that pertain to the Respondent’s history of sexual harassment and misconduct,” a judge wrote.

Before the commission’s decision, McCall represented himself earlier this year in a pre-hearing conference. 

“I strongly disagree with the Commission’s decision, which I believe is both erroneous and unjustified,” McCall wrote in a statement to MassLive. “I will be initiating a formal appeal through the appropriate legal channels to ensure the matter receives the thorough and impartial review it warrants.”

Molly Farrar is a general assignment reporter for Boston.com, focusing on education, politics, crime, and more.