LAPD BOARD CLEARS DETECTIVE.

Byline: Patrick McGreevy Daily News Staff Writer

LAPD officials have concluded that police Detective Frank Lyga acted ``in policy'' when he fatally shot off-duty LAPD Officer Kevin Gaines at a Studio City intersection last year during a traffic altercation, sources say.

The conclusion clearing Lyga of wrongdoing was reached by an LAPD use-of-force board, and Police Chief Bernard C. Parks agrees with the decision, said sources familiar with the investigation.

Parks refused comment because the tentative finding has been sent to the Police Commission, which still can either concur with the ``in policy'' finding or overturn the ruling, officials say.

Sometimes, shootings found to be ``in policy'' result in LAPD officials recommending additional training or other actions. It is unclear whether that is the case with Lyga.

Investigators believe neither Lyga, a West Bureau narcotics detective, nor Gaines, a Pacific Division desk officer, knew the other person was a police officer at the time of the March 18 incident.

``It was a tragedy,'' said police union director Dennis Zine.

Lyga, who was on duty working as a plainclothes narcotics detective at the time, told investigators that he acted in self-defense after Gaines pointed a gun at him.

Gaines' widow retained the law office of Johnnie Cochran Jr. to file a federal lawsuit against Lyga and the LAPD, alleging that Gaines was wrongfully killed and that his civil rights were violated by Lyga.

Carl Douglas, an attorney who was part of the O.J. Simpson defense ``Dream Team'' and who is now representing Gaines' widow, voiced disappointment with the ruling.

``It's unfortunate that after 11 years of handling police litigation I'm not surprised that the shooting board found it to be in policy,'' Douglas said.

But he said the lawsuit will be pursued.

``I have reason to suspect that Lyga's version of events is inaccurate,'' Douglas said, refusing to elaborate.

Reached by telephone, Lyga declined comment until the Police Commission completes its review of Parks' finding.

At the time of the shooting, the 31-year-old Gaines was off duty, in civilian clothes and driving a sports utility vehicle registered to the estranged wife of Marion ``Suge'' Knight, the former head of Death Row Records. Knight is currently in prison for probation violation stemming from assault charges in an unrelated incident.

Lyga, an 11-year LAPD veteran, was in an unmarked car. He claimed Gaines initiated a verbal confrontation while the two were in traffic.

Sources say Lyga told investigators he was driving on Cahuenga Boulevard near Lankershim Boulevard when Gaines began verbally harassing him after a staring incident in traffic.

The Daily News reported shortly after the incident that investigative sources said Gaines allegedly rolled down the window of his Mitsubishi Montero and asked Lyga: ``What the f--- you looking at? You keep staring at me, I'm going to cap you.''

Lyga, 41, claimed Gaines later raised a gun and pointed it at him. Believing he was going to be shot, Lyga pulled his own handgun and shot Gaines twice.

Investigators did a computer re-creation of the incident and ``it substantiated'' Lyga's version of events, sources said. The re-creation confirmed what Lyga said about the positions of his and Gaines' cars and the angle of the shots Lyga fired.