It was subsequently alleged by then San Francisco District Attorney Terence Hallinan that the elder Fagan, then-SFPD Chief Earl Sanders, and nine other officers were involved in a coverup of the initial November 20, 2002 criminal acts of the three off-duty officers.
He was among a group of top brass indicted for covering up the 2002 "Fajitagate" assault by off duty police officers over a bag of take-out.