A former Lynn police officer, Christopher Gomez, has been indicted by an Essex County grand jury on charges of assault and battery and a civil rights violation. Prosecutors say he used unreasonable force while responding to a call at a Lynn home on May 16, 2026. He is scheduled to be arraigned on October 8 in Essex County Superior Court in Salem.
Gomez resigned from the department before he could be fired, according to officials. That detail used to end most stories like this one. Under the 2020 police reform law, it does not.
What has been reported
According to the Essex County District Attorney’s Office, as reported by WCVB and Boston.com on September 24:
- The charges arise from a response to a Lynn residence on May 16. The indictment alleges Gomez used “unreasonable force,” depriving the other person of the right to be free from unreasonable searches and seizures. Details of the incident have not been released.
- There is body-worn camera video. Prosecutors say they will not release it before trial.
- The Lynn Police Department said the matter “was initially identified and investigated internally” by the department, which then referred it to the district attorney and to the Peace Officer Standards and Training Commission. Boston.com reported that the department recommended Gomez be fired and decertified.
- Gomez resigned before he could be terminated. Officials did not say when.
Gomez did not have an attorney listed as of Thursday night and could not be reached, Boston.com reported. An indictment is an accusation, not a finding. He is presumed innocent.
The two charges
Assault and battery, G.L. c. 265, § 13A(a). The basic offense carries up to two and a half years in a house of correction or a fine of up to $1,000. That makes it a misdemeanor, because Massachusetts defines a felony as a crime “punishable by death or imprisonment in the state prison” (G.L. c. 274, § 1).
Violation of civil rights, G.L. c. 265, § 37. This is the state counterpart to the federal civil rights crime. It applies to anyone who, “whether or not acting under color of law,” uses “force or threat of force” to “willfully injure, intimidate or interfere with” another person “in the free exercise or enjoyment of any right or privilege secured to him by the constitution or laws” of Massachusetts or the United States.
The penalty depends on injury. Without bodily injury, the maximum is one year and a $1,000 fine. “If bodily injury results,” the maximum is ten years and a $10,000 fine. The reports did not say which version is charged or describe any injury.
The key word is “willfully.” Excessive force alone is a civil wrong. To make it a crime under § 37, prosecutors must prove the officer acted willfully to interfere with a protected right, here the constitutional right to be free from unreasonable searches and seizures. That intent element is usually the center of the fight in a police force prosecution.
Why resigning does not end it
A resignation can end an internal investigation before any finding is made. Chapter 6E, enacted in the 2020 police reform law, keeps the state involved in two ways.
The report. Under G.L. c. 6E, § 8(b)(4), if an officer “resigns during an agency investigation, prior to the conclusion of an agency investigation or prior to the imposition of agency discipline, up to and including termination,” the agency must immediately send POST a report with the officer’s full employment history, a description of the events surrounding the resignation, and a recommendation on the officer’s certification. Lynn’s recommendation, as reported, was decertification.
The certification. A Massachusetts officer cannot work as a police officer without POST certification. POST can act on that certification regardless of whether the officer still has a job.
What POST can do, with or without a conviction
Chapter 6E, § 10 sets two tiers. POST acts after a hearing and must find the facts by clear and convincing evidence.
- Mandatory revocation, § 10(a). The commission “shall” revoke certification for, among other grounds, a felony conviction; use of force in violation of § 14 of the chapter, which sets the state’s use of force standards; or “excessive use of force resulting in death or serious bodily injury.” The force grounds do not require a criminal conviction.
- Discretionary suspension or revocation, § 10(b). The commission “may” suspend or revoke for any misdemeanor conviction, or a pattern of unprofessional conduct, among other grounds.
So the outcome of the criminal case matters to POST, but POST does not have to wait for it. An acquittal on the criminal charges, which require proof beyond a reasonable doubt, would not by itself prevent POST from finding a use of force violation under its lower standard.
POST’s preliminary inquiries are confidential under § 8(c)(2). Any final decision would appear in the commission’s public database, which Chapter 6E, § 4(j) requires it to maintain.
What happens next
- October 8, 2026: arraignment in Essex County Superior Court in Salem. Because the case was indicted, it is in Superior Court from the start.
- Discovery, including the body camera video, which prosecutors say will not be public before trial.
- POST proceedings on the department’s recommendation, which may run alongside the criminal case.
Frequently asked questions
What is the former Lynn officer charged with?
Christopher Gomez is indicted on assault and battery and violation of civil rights under G.L. c. 265, section 37, arising from a May 16, 2026 response to a Lynn home. He is presumed innocent and is scheduled for arraignment October 8 in Essex Superior Court.
What is a civil rights violation under Massachusetts criminal law?
G.L. c. 265, section 37 makes it a crime to use force or threat of force to willfully injure, intimidate or interfere with a person exercising a state or federal constitutional or legal right. It carries up to one year, or up to ten years if bodily injury results.
Can an officer avoid decertification by resigning?
No. Under G.L. c. 6E, section 8(b)(4), a department must report a resignation during an investigation to POST with a recommendation, and POST can suspend or revoke certification regardless of employment status.
Does POST need a criminal conviction to decertify an officer?
Not always. Chapter 6E, section 10(a) requires revocation for certain use of force violations found by clear and convincing evidence after a hearing, whether or not there is a conviction. A felony conviction is also a mandatory ground.
Sources: Essex County District Attorney’s Office announcement as reported by WCVB and Boston.com, September 24, 2026, and the Lynn Police Department statement quoted by both; Boston 25, MassLive and the Boston Globe also reported the indictment. Statutory text of G.L. c. 265, sections 13A and 37, c. 274, section 1, and c. 6E, sections 4, 8 and 10 read at malegislature.gov. We have not read the indictment. Christopher Gomez is presumed innocent. General information about Massachusetts law, not legal advice.