OCEANSIDE: Police lieutenant denies domestic violence charge

Officer claims woman refused to leave his home

By SARAH GORDON - Staff Writer | Tuesday, August 19, 2008 7:50 PM PDT

OCEANSIDE ---- An Oceanside police lieutenant denies allegations that he choked and violently dragged his ex-girlfriend at his Carlsbad home, his attorney said Tuesday.

Meanwhile, Lt. Shawn Murray, the 18-year Oceanside Police Department veteran who was arrested early Monday on suspicion of domestic violence, has been removed from the field and assigned desk work, department spokesman Sgt. Kelan Poorman said. The outcome of the criminal investigation and court proceedings will determine the department's next step, he said.

Murray headed the department's field operations, which include its traffic division, school resource officers, neighborhood police officers and patrol units in the city's downtown and beaches, Poorman said.

Carlsbad officers arrested Murray at his home in the 3500 block of Flat Rock Street early Monday after his ex-girlfriend called police during an argument, Lt. Kelly Cain said.

She told officers that Murray had choked her until her neck was red and sore, pushed her down and dragged her through the house by the pants and one arm, Cain said. Murray did not give a statement at the scene.

Kerry Armstrong, Murray's attorney, said Tuesday that Murray denied the violent acts and instead recounted a mutual skirmish caused by his trespassing ex-girlfriend.

"She wouldn't leave; he wanted her to leave, but as far as choking or dragging, there was none of that," Armstrong said.

Armstrong said the pair had dated for several years and that the woman was upset because Murray had started seeing someone else. She showed up at his house Monday and refused to leave, the lawyer said.

There was "force both ways," on the scale of pushing and shoving, with the woman ending up outside, he said.

Murray said the woman then tried to break into his truck, looking for evidence of his new relationship, Armstrong said.

The lawyer said he hopes the district attorney's office will not file criminal charges against his client, and that e-mails and text messages will show that Murray's ex-girlfriend had been stalking him for weeks.

"She made several comments to him that made it sound like she was watching his house, what time his lights went off, things like that," Armstrong said.

Murray made news nearly a year ago, when he filed a claim with the city accusing the mayor and police chief of illegally denying him a promotion and trying to run him out of the department. He is seeking a promotion to captain, back pay, benefits and other monetary damages.

An administrative hearing on the claim is nearly complete, and a mediator is expected to make a recommendation to the Oceanside City Council by the end of September, Murray's attorney for the claim, Donovan Jacobs, said Tuesday

Contact staff writer Sarah Gordon at (760) 740-3517 or sgordon@nctimes.com.

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83 comment(s)[-]Go to Top

esteban wrote on Aug 19, 2008 8:02 PM:Time for him to look for a new job.

Lisa wrote on Aug 19, 2008 8:45 PM:Do you really think he is going to "man" up to choking her.
He should have simply called the cops and had her removed and got a restraining order against her.
She must of had marks on her or they wouldn't have brought him in.
There's a right way to do things and the wrong way that gets you arrested.

Girly cigarettes wrote on Aug 19, 2008 8:49 PM:Best of luck to you Shawn. I know you'll come through this okay. AND, for all you cops out there that might be inclined to say something negative, let me remind you of this: If you're in a relationship, you're only a telephone call away from being in the same position. For the public, don't rush to judge. He's as good as they come.

Jeff wrote on Aug 19, 2008 9:29 PM:Shouldn't an officer know better? Let's hope that the DA handles this case better (more openness) than the last couple of LEO cases. I'm not pre-judging anything just a plea for a forth right investigation, the OPD doesn't need anymore bad press.

Lets see if the so-called victime steps up to court wrote on Aug 19, 2008 10:04 PM:Is she willing to tell her lie in court? Is there proof beyond a resonable doubt! What is her background!
Other than an inconvience. This is a she said, he said!!! gotta have proof beyond a resonable doubt! I don't see it going anywhere! This guy is a solid man, police officer and leader! I don't even see it going to court!

Police Officer are humans too wrote on Aug 19, 2008 10:08 PM:Which means they date and are married to humans! The laws in California that make arrest mandatory in any DV case where an allegation of a battery is bad stuff! It is not designed with the intent of solving ahything, but a cooling off period! Plain and simple! This is bogus! LT Shawn Murray is good solid man and this will get clweared up. By the way this is not the first time, a polcie offcier has or will get arrested. It means nothing! Like most DV arrest made everyday, regulat joe or police officer, the responding officers have to make an arrest once those magical worls are uttered! End of story! NC Times is having a slow week! How very National Enquirer of them! Pleae!!!!!!!

Jeff what openess wrote on Aug 19, 2008 10:12 PM:Get real! You can walk yuor silly butt to the Sd Courts and sit in, if you are so riveted with a DV case! Pathetic! Enquiering mids want to know! Right! Put down the big gulp! Stop shoving potato chpis in your face and put down the gossip rag! Go tothe court and asjk for the court docket and see for yourself! Better yet, get a job and a life and start living your own life!

funny wrote on Aug 19, 2008 11:11 PM:Seems like he should have called the cops if she wouldn't leave his house ... and how did she get inside anyhow?

california laws wrote on Aug 19, 2008 11:12 PM:The law would have allowed the officers to arrest the woman, too, if the combat was "mutual."

It must have been pretty blatant for cops to out one of their own.

Bill wrote on Aug 20, 2008 12:09 AM:The threshold for DV convictions is very very low.

They have some form of probable cause or he wouldnt have been arrested.

No judge would sign an arrest warrant otherwise.

OPD COP wrote on Aug 20, 2008 3:45 AM:We are required to live up to a higher standard than the gereral public. I'm disapointed with all the bad press that cops in San Diego are bring to all the good officers in this county. Please be smart when going about your business on and off duty. We dont need anymore cops making us all look bad. Public Trust folks, Thanks!

The other Jeff wrote on Aug 20, 2008 4:48 AM:The D.A. almost never issues domestic violence cases these days unless there is substantial injury or independent witnesses. Why should this one be any different? If they do issue it then they are only doing it because he is a cop, not because they are treating him like everyone else. This woman sounds like a lunatic.

RC wrote on Aug 20, 2008 4:48 AM:Sounds like most of you have him convicted already.See how it plays out.

Marie wrote on Aug 20, 2008 4:50 AM:If the victim was stalking him as reported, she sounds like a scorned woman - and you know what they say about them. If he ended the relationship and she was out to get him, what better way to do it?

from Jeff wrote on Aug 20, 2008 5:35 AM:#1 I can spell which apparently you can't, #2 I have a job #3 I have a life.
So take a hike!

Joan wrote on Aug 20, 2008 5:46 AM:I will wait to hear the verdict on this one. Not all cops are good cops but he is innocent until proven guilty. What I want to hear about is this lawsuit against Mayor Jim Wood. This is the first I have heard of it. He is up for re-election so I want to know what's going on there before I vote. Actually I don't think I will vote for him either way.

Common Sense wrote on Aug 20, 2008 6:57 AM:If the involved officer displayed signs of "mutual combat," the girlfriend would also have been arrested under California law. She had physical indications, and he didn't, so only he was arrested. As a police officer, he, more than anyone, should have known better than to put his hands on her. He should have called the local gendarmes and had her ejected lawfully. Otherwise, he's behind the eight ball, whether he's a cop or an ordinary schmo.

Move On wrote on Aug 20, 2008 7:26 AM:When it is obvious a relationship is over, why not move on? Why would anyone but a control freak want to stay when someone wants to stop a failed relationship. Jealousy and anger makes a bad bed partner and boyfriends and girlfriends are changing partners daily. Married folks are not exempt from boredom either!

Bill wrote on Aug 20, 2008 7:38 AM:What is it the cops always say when someone says they're innocent? "The prisons are full of people who say that!"

Or something close to that!

Does it work in this case, I wonder?

To California Laws... wrote on Aug 20, 2008 7:41 AM:Yes, a mutual arrest can be made, but it's suggested that the "primary aggressor" be arrested. We did that back in the day when we would have to go to the same house 3-4 times a day. Arrest both, take the kids to Polinski, problem solved.

above the law wrote on Aug 20, 2008 7:43 AM:most cops think they are above the law.if you notice they get into trouble acting like they are tough guys and then they start back pedaling and act like they did nothing wrong.if the general public did half the stuff they do they would be locked up.there is something about the badge, gun and the billy club that thinks they can just run there own program regardless if its law abiding or not.cops also have the worst attitudes, power trips if you would, almost like short man syndrome.

Dude wrote on Aug 20, 2008 7:49 AM:Looks like the cops are the main posters here. Circle the wagons boys, theres cop bashin' goin' on.

So, he's on a desk, Does he still have his weapons??? Joe citizen sure would not.

The double standard is alive and well in Oceanside.

Gene wrote on Aug 20, 2008 7:50 AM:ATTENTION TO GIRLY CIGARETTES & LETS SEE IF THE SO-CALLED VICTIM STEPS UP IN COURT.....(Girly Cigarettes) You need a reality check, you don't know a person behind closed doors. You may think you do but you don't. (It's like finding out that the honest neighborhood preacher is molesting the neighborhood children)He is a man who holds a big title within the department and representing the City of Oceanside. And to(LETS SEE IF THE SO-CALLED VICTIM STEPS UP)Here I thought you don't get arrested unless your have a REASONABLE DOUBT to detain and make an arrest, it sounds like the Carlsbad P.D. Had a good reasonable doubt that he committed bodily injury on the women but you are right, she may not step up, not because of her past but of fear.

Dude wrote on Aug 20, 2008 8:11 AM:/Sarcasm on

The police would not try to intimidate a witness.

/Sarcasm off

And they wonder why the public distrusts them.

Q What is domestic violence wrote on Aug 20, 2008 8:16 AM:A: Domestic violence is the use of physical, sexual, economic, emotional and/or psychological abuse by an intimate partner or family member to control the actions of another. In most states, domestic violence crimes include behaviors that constitute assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment and other criminal offenses that result in physical injury or death.

Q Can I be arrested for domestic abuse if the injury is minor wrote on Aug 20, 2008 8:17 AM:A: Yes. Minor physical injuries, and even the threat of violence, may result in an arrest in a domestic violence case. However, the severity of the injury may influence the specific charge brought.

QA wrote on Aug 20, 2008 8:19 AM:Q: If my wife believes she made a mistake when she called the police, can she have the domestic violence charges against me dropped?

A: No. The prosecutor, not the victim, makes the charging decision. It is common for a domestic violence victim to attempt to recant the statement he or she made to police. However, because the victim may be pressured to change his or her story and because domestic violence frequently recurs, the prosecutor generally will file the charges if there is sufficient evidence of domestic abuse - even if the victim changes his or her story.

Q What is the penalty for a domestic violence crime wrote on Aug 20, 2008 8:20 AM:A: The penalty for a domestic violence crime depends on many factors, including the laws of the jurisdiction, the severity of the act, whether previous offenses have occurred and whether the victim was injured. First-time offenders are usually placed on probation, required to serve a few days in custody, perform public work service or complete a counseling program. However, many jurisdictions have begun aggressively prosecuting domestic violence crimes and a prosecutor may seek jail time even for first offenses without serious injury. Others penalties can include significant fines, domestic violence counseling, restitution and anger management classes. In cases with the most serious offenses, such as rape and murder, the prosecutor may seek life prison terms or the death penalty.

Q What do I do if charges are filed against me wrote on Aug 20, 2008 8:23 AM:A: If you are arrested for domestic violence, contact an attorney immediately. It is best to involve a criminal defense attorney as soon as possible in your case. If brought in early enough, he or she may be able to arrange bail for you or have the charges dropped altogether.

A California domestic violence arrest can be a devastating experience to anyone. wrote on Aug 20, 2008 8:32 AM:Whether the incident was a harmless situation that spun out of control, a gross misunderstanding, or a typical way of communicating between two people, the time after the arrest can be terrifying as the criminal justice system is very complicated. While the attorney will ultimately be in charge of helping a defendant, the defendant can contribute to increase his or her chances of beating the offense. Immediately after the arrest, there are several steps a defendant can take to ensure that his or her side of the story is heard.

Girls rule wrote on Aug 20, 2008 8:43 AM:Two sides to every story folks. I won't condemn either person until all the facts are considered by the Grand Jury.

THE ONE wrote on Aug 20, 2008 8:47 AM:I'll give you the response that most arresting officers give you "Yeah, Sure." She has redness and swelling to the neck area . It looks as if some type of physical altercation took place,so that seems like probable cause to me for arrest. police are common people too.They are not above the law, God, super human or better than anyone else.

When an allegation is made wrote on Aug 20, 2008 8:50 AM:When police find probable cause to make an arrest for alleged domestic violence, the decision to actually arrest varies by state.

Practially, this means that when violence has been alleged, an arrest of "somebody" (usually the man) is essentially required. Even if a hysterical false accuser calms down and recants her accusation, the allegation has already been made and it is now too late to prevent an arrest (and likely restraining order).

To Dude wrote on Aug 20, 2008 8:51 AM:The general public does not mistrust the police. A handful of bloggers here might, as you seem to reflect. The vast majority of people that mistrust the police are people or their family members, that have had a negative experience involving the police. Sure that happens, as the police offices are not robots and can make mistakes, and in some cases yes, even cross the line into criminality albeit rare when you look at the big picture. As for your rantings, please get over that ticket you received, or that arrest that was made, or whatever else you have eating away at you that makes you such an armchair authority on police misconduct. I doubt you have the credentials, and as far as the job itself, I am feeling rather certain that you could never qualify to become a polive officer in this state. Or have you tried and failed? If you have valid concerns, no issue, but covering the wagons? Rrrrright...that's why he was arrested?

Interestingly wrote on Aug 20, 2008 8:54 AM:Some states that have a clear pre-disposition to adopting feminist policies in criminal law decided against the "must arrest" approach, and instead adopted a "pro-arrest" policy. In California, for example, when a "must arrest" policy was first adopted at the beginning of the 1990s, officers were required to arrest anyone they had probable cause to suspect of doing criminal violence, including women. A 1998 study of arrests in Los Angeles revealed the effects of the "must arrest" law: When the number of arrested men doubled, the number of arrested women quadrupled with the implementation of mandatory arrest.1 In response, the state implemented the now-current "pro-arrest" policy, and men were again arrested in higher percentages.

Did women suddenly become "more peaceful" when California moved from a "must arrest" to a "pro-arrest" policy? Or is violence done by women simply denied and disregarded?

Wrongful Domestic Battery Arrest And Charge wrote on Aug 20, 2008 9:00 AM:Making arrest in DV cases is a must, but surely there is room for discretion in cases such as these. If I were the Attorney Genral presented with this case, I wouldn't waste my time prosecuting this. These DV laws were created to protect spouses from physical abuse. Hince the word VIOLENCE. What violent act was committed here? From what I have read, the only violent person that night was the policeman that arrested the Lt.Can you imagine you get into a nasty fight with your spouse, your spouse is acting crazy and irrational, is not a legal citizen, and you are scared to let her leave and try to stop her and the next thing you know you are taken from your home, to jail and threatened with prison and a marred reputation for life. Good Grief. You gotta love America, the land of the "Free". What's really bad is that almost everyone posting is behaving like they don't believe this guy! COP or Not! Can you honestly say that every person ever arrested for a crime was guilty? Again, you gotta love America, guilty until proven innocent. Unfortunately it sounds impossible to prove your innocence with a DV charge

Listen to OPD COP wrote on Aug 20, 2008 9:11 AM:Please read OPD cop. The 190 officers in that department all know what is and has been going on!!!

DV CASES ARE TOUGH wrote on Aug 20, 2008 9:13 AM:Domestic violence cases are among the most aggressively prosecuted cases in the United States and California. This is because there are a number of special interest groups committed to fighting against domestic violence, and they are providing a substantial amount of funding to prosecutors and police officers.

In previous years, law enforcement officer would never arrest a woman or man for domestic violence unless there was obvious evidence that serious abuse was taking place. Today, there is a strict agenda that police must follow anytime they receive a domestic violence call. Make no mistake, law enforcement officers follow a strict agenda that requires the arrest a wife or a husband or a girlfriend or a boyfriend if either party involved has any kind of visible bruise or injury on their body.

At the scene of a San Diego County domestic violence incident, police generally will:

Interview both parties involved.
Take short statements from both partners.
Assign the injured person as the victim and the person with no injuries as the suspected domestic abuser.

It is now up to the alleged suspect to defend themsleves from the lies! Good Luck! Victim's with often injure themsleves, or claim prior injuries as those committed by the supposed suspect!

To..To Dude...From Dude wrote on Aug 20, 2008 9:22 AM:Thanks for your comments (officer???)

Sorry, you got me all wrong, Never been arrested, have not gotten a ticket since the '70's And..... Wait for it.... Am a former police officer (medical retirement)

Hope I addressed your concerns.

A LOT of BAD officers are coming to light latley and tarnishing a once nobel profession.

So rookie, I stand by my comments :-)

Response to Listen to OPD COP wrote on Aug 20, 2008 9:22 AM:Get a life! The big conspiracy theory doesn't work! Please!!!!! What did yuo get a bad evalor something! Not get an assignment or something! Or did the Lt catch you sleeping on duty and chew you out! Please!!! Just go away! What a joke!!!

This will go no where wrote on Aug 20, 2008 9:24 AM:I will be surprised if they file on this case! Most of these cases never get filed on! So no matter if this guy is cop or not! The same is the same! End of Story! Onto the next case!

This is going to be a good wrote on Aug 20, 2008 9:28 AM:one to follow. I am sure that all the negative cop bashers will have a field day with this one as well. DV is a problem in our society there is no question about that. However, the tables are going to be turned especially if they can prove that this woman has been stalking him. This man being a cop knows what can happen to a person if he were to file a complaint against this woman, it could really destroy HER life. I bet he was just trying to let itself ride out and this was the outcome. I am not saying he is innocent, but I am not saying he is guilty. When this gets drop I am sure all the negative bloggers will be saying cover-up......Lord knows they will never be happy

What most police think about the law wrote on Aug 20, 2008 9:33 AM:Few officers receive medals or promotions because they are good handling DV calls. Also most officers can tell you how women have attacked them as they arrest the male at the scene they have implicated in the supposed assault.

So as a result, police in the past were reluctant to get involved in treatment or prevention of these DV parties involved. Many cases they did not even respond promptly to the call, hoping the dispute would settle itself before they got there.

Current laws are partly a response to that reluctance and mandate both a response, and an arrest in most cases, and charges cannot be dropped after the parties cool off!

But it is the position of many in law enforcement that the pendulum has swung way too far and a more balanced approach is necessary to handle these no win type of calls. Certainly a prompt response by the police is required, but a "Must Arrest" policy and "No Drop of Charges" leave the police no room for common sense!!! So the courts get filled with cases going no where! Unless it is politically advantageous for the DA's office!

Where is the money coming from!

Listen to OPD COP wrote on Aug 20, 2008 9:35 AM:The sky is falling! The sky is falling! Ha Ha Ha! You sound paranoid! :)

KNOWLEDGE OR STUPIDITY wrote on Aug 20, 2008 9:48 AM:The ONE thing good that comes out of this - ALL POLICE OFFICERS NEED TO CONSIDER ALL THE FACTS AND REACT AS A HUMAN WITHOUT PREJUDICE - Cops need to understand that they are a judge from the minute they are involved. They are a judge making the decision to arrest. Unfortunately, they seldom leave behind the pre-disposition of their EGO. Because they think they know - they tend NOT to learn. That is probably why this man is in trouble. Every cop knows the rule of the evidence when there is injury. It can not be ignored. All of you, police officers, need to think - there but for the grace of evidence goes me...

define stalking wrote on Aug 20, 2008 9:54 AM:From my time on the PD, it was common practice to run the license plates of attractive women to find out their personal information. It was was also routine for officers to "stake out" certain women they had a thing for. This guy claims the woman was "stalking" him??? I don't buy it.

John wrote on Aug 20, 2008 9:54 AM:I went through this about ten years ago ,my girlfriend at the house asked her to leave, she went out back door, wanted back in got mad broke apartment back window with her right, called police . She was arrested for vandalism I was arrested because her hand was bleeding. Long story short belive half of what you see none of what you hear. My case was dropped and so was hers.

Nick wrote on Aug 20, 2008 10:06 AM:As usual, the cop haters will be out in full force without any real info on this case.......

So there are bad Cops wrote on Aug 20, 2008 10:29 AM:OPD COP
[-] wrote on Aug 20, 2008 3:45 AM: Got to be addressed to you, Officer White!

esteban wrote on Aug 20, 2008 10:43 AM:Girl power! They can say anything and everyone believes them. Im rooting for you Lt Shawn! Some people escalate the situation far beyond what it needs to be. I think this is entirely a self defense issue. She came to his house uninvited. That in my book makes her an intruder.

Smart Money wrote on Aug 20, 2008 10:48 AM:This case is going nowhere fast. The D.A. knows that in a 'he said/she said' case, such as this, the vast majority of them are never filed. And, based on what is coming out now about this case, there seems to be a lot more to what was occurring that day. Rememember, SHE came to HIS house to "settle a breakup" [quote from previous NCT article]. How exactly do you 'settle' a breakup? Yes, a phone call or email might have been more appropriate. I'm not disparaging her, nor him, just illustrating a reality here.

Furthermore, he does not have to allow her to remain in his house as a trespasser. And, under the laws as they are applied, he CAN use physical force to eject ANY trespasser, regardless of her 'status' as an 'ex'.

I am suspecting that once more of the 'facts' play out here, this case is not going to be filed. And I'm NOT disparaging her. She has a right to call the police and have her case heard. I just don't think it's going anywhere.

As far as the allegations about him, people can make any kind of allegations they want. It doesn't make them true. And as for some of the 'co-worker employees' who seem to be jumping on the 'see, we knew it all the time' bandwagon, people should know that there is a very large faction of cops in that department who consider Shawn Murray to be a 'cop's cop'. And it has nothing to do with any 'male chauvanism'. It's because of his work ethic, and his desire to see the department succeed in putting the 'bad guys' where they belong.

And lastly, in all fairness and balance here, go back to the archives of NCT articles, July 2002. Lt. Shawn Murray, then a 13-year veteran, was awarded a Medal of Valor for placing himself into 'withering gunfire' from a convicted parolee, shooting him, and then capturing him. I'd walk the point or man a foxhole with a an officer like that anyday.

Mickey wrote on Aug 20, 2008 10:53 AM:Any reasonably prudent individual might think a law enforcement lieutenant with nearly 20-years experience, could handle this situation a little better. Perhaps THIS is why he didn't make Captain. Maybe someone, somewhere detected a flaw in his decision making process, huh? Sounds to me this guy was promoted far beyond his ability as it is. Like everyone else these days, if you don't get what you want you sue and throw a brat-attack. Then retire with stress related disability.

Opinion wrote on Aug 20, 2008 11:20 AM:Cops are people they have problems just like anybody else but they should protect there jobs and themselves they are held to a higher standard by the public. The public is lucky they don't have there personal problems placed in the newspaper and as far as judging him thats for the judge and the evidence will show him innocent or guilty.

OPD COP wrote on Aug 20, 2008 12:11 PM:Unfortunately there IS a history here!!

To Dude wrote on Aug 20, 2008 12:24 PM:Well since in this blog it is impossible to verify your credentials, I will take you at your typed word. You seem to relish in your disdain for current police issues, suggesting an us versus them mentality. Actually, the police departments are far more open and transparent that they were "back in the day" and if you had any tenure at all you would already know that. The days of cops getting released at the scene are for the most part, long gone at least in this area. And if it does happen, all involved risk their careers. Sure there are exceptions, but your allegations of cover ups are at best jaded. As far as experience, you just may be the rookie, in fact I would bet on it. You just appear to be a disgruntled ex employee that has an axe to grind. In any event, you are no longer relevent in that mix, so just get used to it. Pontificate if you must, but at least have some respect for those who now do what you maybe used to do. If you really miss the cyclone of stuff that much, go be a senior volunteer where you can once again spoutoff in roll call should you choose to do so.

Yikes wrote on Aug 20, 2008 12:41 PM:To Dude (12:24PM): Wow! It's impossible to verify YOUR credentials, but if you are a police officer, the arrogance you display for all to see is exactly why people have no respect for and do not trust the judgement of officers anymore.

Bill wrote on Aug 20, 2008 12:58 PM:Where do some people get the idea that because you are stalked, you get a free pass if you assault the stalker?

Isnt if possible that she was a stalker AND he assaulted her?

What a concept.

If she was stalking him, as many claim, he had every reason to HAVE HER ARRESTED.

This sounds fishy to me.

To dude wrote on Aug 20, 2008 1:14 PM:your out on medical retirement? Must be mental!!! I have never heard of any LEO represent any department in such a negative way. I am sure that your department is happy that your gone, but don't be dragging down the rest of the good guys, because a few bad guys bad some bad choices. By the way, I don't thing that you have ever been a cop.

Concerned wrote on Aug 20, 2008 1:16 PM:I'm sure this cop will plead self defense or some sort of plea to back out of his wrong doing. If someone has redness around the neck. Oh yeah self inflicted? This will be interesting to see what happens. I hope the cop bashers are right about this. I'm sure it will crush Estebans dreams of being a cop..

Genevieve wrote on Aug 20, 2008 1:26 PM:The technical term used in prosecuting this type of crime is "strangulation", not "choking".

Choking is what happens when there is a blockage in the throat.

To Esteban wrote on Aug 20, 2008 1:34 PM:She had it coming, you are sick.

No right wrote on Aug 20, 2008 1:38 PM:The fact that they HAD a personal relationship gives her no right to be in his house against his wishes! We have no idea what happened, but if she was abusive or out of control, do you really expect him to call the police and just sit there and wait until they came? Everyone, even cops, have a right to be safe in their own house. If she was out of line and refused to leave, he had every right to throw her out!

Were being far too harsh... wrote on Aug 20, 2008 1:44 PM:If the allegations -- and I emphasize they are allegations at this point -- are true, we may still acting too harshly in this case.

If the alledged act took place when the officer was off-duty, no harm; no foul.
If it was on duty, then he still has a 50/50 chance of being in the clear.

After all, we've seen off duty officers cleared of charges of chasing down and shooting a football player, discharging a weapon into a car with a mother and her child after road rage, and even a on duty cop let off relatively easy, despite his alledged complicity in the death of police dog locked in a hot car.

So, don't be so judgemental!

To To dude wrote on Aug 20, 2008 1:45 PM:Your blogs might be more convincing if you learned how to spell.

Bill wrote on Aug 20, 2008 2:20 PM:I keep coming back to this because some people in here are hilarious.

How can anyone know anything about this case when it hasnt even gone to arraignment yet?

Nobody in this room knows whats going to happen and if one happens to be right, then its no more prophetic than predicting rain in Hawaii. However, the trespassing claim isnt ironclad. Did she have property at his house? Was she on the lease? Had she lived there recently? Her status as an ex does play a role here. These mitigating factors will all play a role. One cant just remove another from a property simply because the lease is in their name. The law is not written that way. In fact, there are plenty of cases where an officer told the occupant of the home to leave. Even if she was stalking him, that doesnt give him any right to assault her. He is allowed to use "reasonable" force to remove her from the premesis (if legally warranted) and cant use "any force necessary" as some have claimed.

The mitigating factors havent even been sorted out yet but some can see where this is going already.

Uh-huh!

However, Im starting to see why this guy was passed up for promotions if this is how he handled something as sensitive as this. One phone call and a walk to his car (until the cops arrived) would have prevented this.

There is no way for the Cop apologizers to spin that.

This is questionable judgment even absent criminal behavior.

Cockroach wrote on Aug 20, 2008 2:26 PM:If your a cop, then you should adhere to the laws you enforce, plain and simple. Do the crime, do the time! Right?

To Bill wrote on Aug 20, 2008 2:30 PM:What's hilarious is that you can write, "How can anyone know anything about this case..." on one line, then go on to write, "Im starting to see why this guy was passed up for promotions if this is how he handled something as sensitive as this. One phone call and a walk to his car (until the cops arrived) would have prevented this." How can YOU KNOW what would have prevented this???? YOU weren't there either!

To Dude wrote on Aug 20, 2008 3:22 PM:DOH!!! got me with a typo.

Legal Beegle wrote on Aug 20, 2008 3:43 PM:Sean needs to get a civil restraining order against this nut ASAP. I had a similar experience..how do you get a crazy person out of your house? You have to throw them out! Sorry that's not DV in my book.

Civil restraining order novel concept... wrote on Aug 20, 2008 5:04 PM:Anyone of you bother to check the Vista Court house and REVIEW the PUBLIC RECORD restraining order that the VICTIM filed and a judge quickly and swiftly signed?

Perhaps for those of you who prefer to guess or who "think" you know him (because, let's see, you lived with him?, in a relationship?), take a look at HER restraining order......

Makes no sense... wrote on Aug 20, 2008 5:28 PM:If she had a restraining order against him, what was she doing at his house???????

Give me a break wrote on Aug 20, 2008 5:41 PM:Are you trying to tell me that a 19 year veteran of the force isn't smart enough to know the proper way to handle a "stalking" case. Seriously, this is like a surgeon cutting a splinter out of his finger using rusty kitchen scissors.

restraining order.... wrote on Aug 20, 2008 8:24 PM:The VICTIM got it today, in fear for her safety after being attacked by Lt. Murray while at his house (let in by him) to pick up her belongings..... Please people be informed before you speak.....

makes no sense.... wrote on Aug 20, 2008 8:29 PM:You sure don't make any sense, did you SEE the DATE/TIME she got the restraining order??? or again, talking without knowledge? Hint, SHE got it TODAY, AFTER the attack, notice the injuries, "self inflicted", that's funny! Give Carlsbad Police a little credit and learn the facts!

To restraining order and makes no sense... wrote on Aug 20, 2008 9:04 PM:Hello!!! Did you see the question marks? That means I was asking a question NOT making a statement of fact. Geez!

To ABOVE THE LAW wrote on Aug 20, 2008 9:06 PM:Sounds like you have had one too many "run-ins" with law enforcement. Cops are people too. Yes there are SOME that hide behind their badge and get off on the power trip, but for the most part, they are just like you and I, with one exception being YOU and I don't face constant criticism and public scrutiny for what goes on in our private lives.

DV cases are two sided, and usually neither side is completely innocent.

OPD officers - CHIN UP! And keep out of this NC Times Tabloid.

Oops wrote on Aug 20, 2008 9:12 PM:Those crazy badge bunnies will get ya every time!!

To makes no sense wrote on Aug 20, 2008 10:21 PM:Response to 8:29PM blog---Based on experience, I give Carlsbad police very little credit. Thank you very much.

Bill wrote on Aug 21, 2008 1:46 AM:There must be some testimony from medical people or he never would have been arrested.

Thats all admissable now even if she changes her story.

The fact that he was arrested and she wasnt tells me quite a bit. Had there been evidence of her assaulting him, the DA never would have issued a warrant. Mutual combat cases are almost all dismissed at arraignment or discovery.

If this goes past discovery, this guy is cooked.

Kelly wrote on Aug 21, 2008 5:48 AM:Guys in law enforcement are the worst - because they have a God complex and know their actions will generally be swept under the rug. ...

esteban wrote on Aug 21, 2008 6:45 AM:Of course a cop story brings out all the fake estebans (10:43). I do believe that the smart people know when it is me commenting and when it is the fakers.

To Kelly wrote on Aug 21, 2008 7:40 AM:Please tell me that your comment is NOT for rea!!! A God complex? What a stupid comment....you must be a blonde.

To Kelly wrote on Aug 21, 2008 10:17 AM:Gee Kelly, it must really hurt to have been dumped by a cop. You seem a bit sour on them now. Try a fireman now.

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